Brooks v. Northern Pac. Ry. Co.
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Moore. This is an action by John T. Brooks against the Northern Pacific Railway Company, to recover damages for the delay occasioned by defendant’s failure promptly to transport trunks and their contents.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Moore. This is an action by John T. Brooks against the Northern Pacific Railway Company, to recover damages for the delay occasioned by defendant’s failure promptly to transport trunks and their contents. The complaint states, in effect, that defendant is a corporation engaged as a common carrier for hire between the places here-, inafter named; that on or about April 8, 1908, plaintiff purchased from defendant a ticket entitling him to a passage over its lines of railway from Forsythe, Mont., to Billings, in that state, from…
1Opinion of the CourtJustice Moore
It is maintained that the complaint does not aver the giving of any notice to defendant’s agent in Forsythe of the contents of the trunks when they were delivered for transportation, and, such being the case, the pleading does not state facts sufficient to constitute a cause of action, and an error was committed in basing a judgment thereon. It is not expressly alleged in the complaint that the baggageman was notified by plaintiff that the trunks contained shoes. The mere statement in the pleading of “sample trunks” does not necessarily imply that defendant’s agent knew these receptacles…
2Cases cited5 opinions
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Wells v. Great Northern Ry. Co.Oregon Supreme Court · 1911
- Oakes v. N. P. R. R.Oregon Supreme Court · 1891
- Gulf, Colorado & Santa Fe Railway Co. v. VancilCourt of Appeals of Texas · 1893
- Rossier v. Wabash RailroadMissouri Court of Appeals · 1906
3Cited by1 opinion
- Kansas City, M. & O. Ry. Co. v. FugattSupreme Court of Oklahoma · 1915