Oregon R. & N. Co. v. Coolidge
Oregon Supreme Court
From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by the Oregon Railroad and Navigation Company against O. F. Coolidge.
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From Union: John W. Knowles, Judge. Statement by Mr. Justice Burnett. This is an action by the Oregon Railroad and Navigation Company against O. F. Coolidge. The plaintiff, a railway corporation organized under the laws of Oregon, operating as a common carrier a railway extending from Portland to Huntington in this State, claims to have entered into an arrangement with the Union Pacific, the Oregon Short Line, and the Denver & Rio Grande Railroad Companies whereby they promulgated a joint tariff prescribing a rate of 60 cents per hundred pounds on shipments of cement in car load lots…
1Opinion of the CourtJustice Burnett
1. The plaintiff declares upon an original agreement of the defendant to pay the freight at the legal rate estab*8lished in pursuance of the interstate commerce law, alleging that rate to be 60 cents per hundred pounds. Both the agreement and the alleged rate having been denied, it was incumbent upon the plaintiff to prove them. It may be remarked in passing that there is no evidence in the record showing that any contractual relations existed directly between the plaintiff and any of the carriers mentioned in the pleadings. At best it only shows that a consignor at Portland, Colorado, loaded…
2Cases cited1 opinion
- Baldwin Land Co. v. Columbia Ry. Co.Oregon Supreme Court · 1911
3Cited by4 opinions
- Davis v. Krauss Bros. Lumber Co.District Court, E.D. Louisiana · 1928
- Black v. Southern Pac. Co.Oregon Supreme Court · 1918
- Dahlstrom v. HudelsonOregon Supreme Court · 1916
- Hume v. MearsOregon Supreme Court · 1918