Fireman's Ins. v. Oregon Railroad
Oregon Supreme Court
From Umatilla: William R. Ellis, Judge'. The plaintiff the Northwestern Warehouse Company being the owner of a quantity of wheat stored at Barnhart Station, in Umatilla County, insured it with its coplaintiff, the Fireman’s Fund Insurance Company, in the sum of $1,250, which was less than its value. The wheat was destroyed by fire, which, it is alleged, originated through the negligence of the defendant company, the Oregon Railroad and Navigation Company.
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From Umatilla: William R. Ellis, Judge'. The plaintiff the Northwestern Warehouse Company being the owner of a quantity of wheat stored at Barnhart Station, in Umatilla County, insured it with its coplaintiff, the Fireman’s Fund Insurance Company, in the sum of $1,250, which was less than its value. The wheat was destroyed by fire, which, it is alleged, originated through the negligence of the defendant company, the Oregon Railroad and Navigation Company. The insurance company paid the warehouse company the amount of the insurance, and, by articles of subrogation, took an assignment of all…
1Opinion of the CourtJustice Wolverton
The questions for our consideration arise upon the demurrer. The first ground of demurrer as -to each cause of action is that the complaint does not state facts; the second ground, as to the first cause, is that the plaintiffs’ right of action is equitable; the third, that plaintiffs have attempted to unite an equitable cause of suit in favor of the insurance company with another equitable cause in favor of the warehouse company; and the fourth, that two causes of action — one in favor of each plaintiff — are improperly united. The second ground of demurrer to the second cause of action is…
2Cases cited21 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- Texas Western Railway Co. v. GentryTexas Supreme Court · 1888
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
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3Cited by16 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- Yorkshire Ins. Co. v. United StatesCourt of Appeals for the Third Circuit · 1948
- Krausse v. GreenfieldOregon Supreme Court · 1912
- National Fire Ins. Co. v. MoganOregon Supreme Court · 1949
- Gaugler v. Chicago, M. & P. S. Ry. Co.District Court, D. Montana · 1912
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