Service v. Sumpter Valley Ry. Co.
Oregon Supreme Court
From Baker: Dalton Biggs, Judge. In Banc. The Service & Wright Lumber Company, a corporation, commenced an action against the defendant Railway Company on September 11, 1909, to recover what the former claimed was an excess over what was reasonable which was charged to and paid by it on lumber transported by the defendant for the plaintiff between Deer Creek Siding and Baker, in Baker County, Oregon.
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From Baker: Dalton Biggs, Judge. In Banc. The Service & Wright Lumber Company, a corporation, commenced an action against the defendant Railway Company on September 11, 1909, to recover what the former claimed was an excess over what was reasonable which was charged to and paid by it on lumber transported by the defendant for the plaintiff between Deer Creek Siding and Baker, in Baker County, Oregon. From an adverse judgment the defendant appealed and secured a reversal in an opinion reported in 67 Or. 63 (135 Pac. 539). A second trial in the Circuit Court again resulted in a judgment for the…
1Opinion of the CourtBurnett, J.
On the appeal of the defendant there are three questions to be treated: 1. Whether and to what extent the question of interstate commerce is involved in this case; 2. The correctness of the Circuit Court’s instruction to the jury to the effect that if they found for the plaintiff they should allow interest from May 27, 1906, to the date of the verdict; and 3. Whether the stockholders of the original plaintiff corporation have been properly substituted therefor so as to maintain this action.
• So far as the first question is concerned it is embodied in the defendant’s assignments of error…
2Cases cited67 opinions
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Swift & Co. v. United StatesSupreme Court of the United States · 1905
- Coe v. ErrolSupreme Court of the United States · 1886
- Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
- Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
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3Cited by20 opinions
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Hanson v. SchrickOregon Supreme Court · 1938
- Platt v. HendersonOregon Supreme Court · 1961
- Fairbanks v. Crump Irrigation & Supply Co.California Court of Appeal · 1930
- Nothnagle v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1952
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