Service Lumber Co. v. Sumpter Valley Ry. Co.
Oregon Supreme Court
From Baker: William Smith, Judge. En Bane. Statement by Mr. Justice Burnett. The plaintiff, the Service & Wright Lumber Company, a corporation, brings this action against the Sumpter Valley Railway Company, a corporation, alleging that the latter was a common carrier during the period between September 12, 1903, and May 27, 1906, engaged in the transportation of lumber, logs and other timber products between Whitney and Baker City, in Baker County, Oregon, and intermediate…
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From Baker: William Smith, Judge. En Bane. Statement by Mr. Justice Burnett. The plaintiff, the Service & Wright Lumber Company, a corporation, brings this action against the Sumpter Valley Railway Company, a corporation, alleging that the latter was a common carrier during the period between September 12, 1903, and May 27, 1906, engaged in the transportation of lumber, logs and other timber products between Whitney and Baker City, in Baker County, Oregon, and intermediate points. It charges that during the period named, and in order to market the products of a mill it operated, plaintiff was…
1Opinion of the CourtJustice Burnett
1. The first question for consideration arises on the motion of the defendant to strike out the allegations about log rates paid by other parties and an exception to an instruction given by the court on that point as follows: “Evidence has been introduced pertaining to the matter of the freight rates charged by the defendant on logs as well as lumber, and it is for you to determine whether those commodities are of such like kind and character of freight as would admit of a similar or relative adjustment of a rate between them, and for this purpose you may consider, together with all other…
2Cases cited16 opinions
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- The Daniel BallSupreme Court of the United States · 1871
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Coe v. ErrolSupreme Court of the United States · 1886
- Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Maeder Steel Products Co. v. ZanelloOregon Supreme Court · 1923
- United States v. John Wesley Egan and Bryan John Hill, and Stuyvesant Insurance CompanyCourt of Appeals for the Second Circuit · 1968
- Service v. Sumpter Valley Ry. Co.Oregon Supreme Court · 1918
- Dreyer v. Portland General Electric Co.Oregon Supreme Court · 2006
- Service Lumber Co. v. Sumpter Valley Ry. Co.Oregon Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.