Clark v. North Pac. S. S. Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by I. L. Clark against the North Pacific S. S. Co. After alleging the corporate character of the defendant, the complaint states: “That on or about the 10th day of October, 1911, plaintiff became a passenger on the defendant’s steamer ‘Roanoke’ from San Pedro, California, to San Diego, California, and as a passenger thereof delivered to defendant’s steamer at San Pedro,…
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From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by I. L. Clark against the North Pacific S. S. Co. After alleging the corporate character of the defendant, the complaint states: “That on or about the 10th day of October, 1911, plaintiff became a passenger on the defendant’s steamer ‘Roanoke’ from San Pedro, California, to San Diego, California, and as a passenger thereof delivered to defendant’s steamer at San Pedro, in good and proper condition, her baggage, consitisng of a trunk, containing wearing apparel, etc., of the. reasonable…
1Opinion of the CourtJustice Burnett
1. The principal contention of the defendant is that the allegation of the complaint, to the effect that the *473plaintiff became a passenger on tbe defendant’s steamer “Roanoke,” is a statement of a conclusion of law, and not sufficient in that respect to support a cause of action. The only precedent cited in support of the proposition is Fremont etc. Ry. v. Hagblad, 72 Neb. 773 (101 N. W. 1033, 106 N. W. 1041, 9 Ann. Cas. 1096, 4 L. R. A. (N. S.) 254). This was an action for personal injuries to an individual, who stated that he had purchased a ticket entitling him to safe transportation on the…
2Cases cited19 opinions
- Currey v. ButcherOregon Supreme Court · 1900
- McCall v. PorterOregon Supreme Court · 1902
- Bade v. HibberdOregon Supreme Court · 1908
- Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891
- Baker City v. MurphyOregon Supreme Court · 1895
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