Oregon Short Line R. v. American Smelting & Refining Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Utah; Tillman D. Johnson, Judge. Action at law by the Oregon Short Line Railroad Company against the American Smelting & Refining Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
CARLAND, Circuit Judge.
Plaintiff in error, hereafter plaintiff, brought this action against defendant in error, hereafter defendant, to recover the reasonable value of work, labor, and services performed for the defendant at its request in the switching and movement of cars. A jury was waived in writing, and the action tried by the court upon the pleadings and certain stipulated facts. The trial resulted in a judgment of dismissal of plaintiff’s cause of action, and it brings the case here on writ of error. The material facts are as follows:
The complaint alleged that plaintiff was a…
2Cases cited4 opinions
- Higgins v. McCreaSupreme Court of the United States · 1886
- White v. BarberSupreme Court of the United States · 1887
- American Smelting & Refining Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1919
- Mathews v. Wayne Junction Trust Co.District Court, E.D. Pennsylvania · 1912
3Cited by4 opinions
- United States v. United States Steel CorporationCourt of Appeals for the Eighth Circuit · 1981
- Schleiff v. Baltimore & Ohio RailroadCourt of Chancery of Delaware · 1955
- Ashton Jenkins Ins. Co. v. Layton Sugar Co.Utah Supreme Court · 1935
- Schleiff v. BALTIMORE & OHIO RAILROAD COMPANYCourt of Chancery of Delaware · 1957