Daniels v. Northern Pac. Ry. Co.
Oregon Supreme Court
From Multnomah: John P. Kavanatjgh, Judge. Department 1. The defendant is a railway common carrier of goods. The plaintiff alleges in substance that he purchased in Concordia, Kansas, 330 boxes of butter and 37 boxes of poultry and caused them to be shipped in good order by another railroad company connecting with the line of the defendant consigned to himself at Portland, Oregon.
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From Multnomah: John P. Kavanatjgh, Judge. Department 1. The defendant is a railway common carrier of goods. The plaintiff alleges in substance that he purchased in Concordia, Kansas, 330 boxes of butter and 37 boxes of poultry and caused them to be shipped in good order by another railroad company connecting with the line of the defendant consigned to himself at Portland, Oregon. He says: “That when the said poultry was delivered to the said railroad company by the said John Stewart, consignor, for shipment as aforesaid, the same was in first class condition, the poultry having been solidly…
1Opinion of the CourtBurnett, J.
1. One error complained of by the defendant is that a witness who testified that he had been in the business of dealing in butter, eggs and poultry since 1902 and that butter was very susceptible to foul orders which would damage it was allowed to answer this question, “What would be the amount of such damage?” by saying, “Well, the amount of such damage would run as high as seven to eight cents a pound.” That this was error was decided in Burton v. Severance, 22 Or. 91 (29 Pac. 200); Pacific Live Stock Co. v. Murray, 45 Or. 103 (76 Pac. 1079); Montgomery v. Somers, 50 Or. 259 (90 Pac. 674);…
2Cases cited8 opinions
- Montgomery v. SomersOregon Supreme Court · 1907
- Bingham v. LipmanOregon Supreme Court · 1901
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- Scholl v. BelcherOregon Supreme Court · 1912
- West v. McDonaldOregon Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Smith v. PallayOregon Supreme Court · 1929
- Coos Bay Logging Co. v. BarclayOregon Supreme Court · 1938
- BRINK ET UX v. Multnomah CountyOregon Supreme Court · 1960
- W. E. Roche Fruit Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1935
- HUNT v. BishopOregon Supreme Court · 1951
1 more not listed; retrieve them via the Exa API.