Strang v. Oregon-Washington R. & N. Co.
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. F. E. Strang and the North British & Mercantile Insurance Company, a corporation, commenced an action against the Oregon-Washington Railroad & Navigation Company, a corporation. Plaintiffs recovered judgment and defendant appeals. Department 1. Statement by Mr. Justice Burnett.
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From Wasco: William L. Bradshaw, Judge. F. E. Strang and the North British & Mercantile Insurance Company, a corporation, commenced an action against the Oregon-Washington Railroad & Navigation Company, a corporation. Plaintiffs recovered judgment and defendant appeals. Department 1. Statement by Mr. Justice Burnett. The plaintiff Strang joined with the North British & Mercantile Insurance Company in an action against the defendant, a railway corporation, to recover damages for the loss of some of his chattels alleged to have been burned by the negligence of the defendant in the operation of…
1Opinion of the CourtJustice Burnett
1, 2. It is settled in this state that when the corporate existence of a plaintiff corporation is put in issue, the allegation in that respect must be prayed; for want of which the plaintiff must fail: Holladay v. Elliott, 8 Or. 84; Goodale Lumber Co. v. Shaw, 41 Or. 544 (69 Pac. 546); Hartford Ins. Co. v. Central R. of Oregon, 74 Or. 144 (144 Pac. 417). The state of the record prevents a recovery by the insurance company. At the least the motion for a nonsuit ought to have been allowed as to that plaintiff. In considering that motion as it affects the plaintiff Strang, a brief résumé of the…
2Cases cited10 opinions
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
- Chicago & Alton Railroad v. PennellIllinois Supreme Court · 1880
- Richmond v. McNeillOregon Supreme Court · 1897
- Hartford Ins. v. Central R. R.Oregon Supreme Court · 1914
- Goodale Lumber Co. v. ShawOregon Supreme Court · 1902
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3Cited by7 opinions
- Grant v. State Industrial Accident CommissionOregon Supreme Court · 1921
- Saylor v. Enterprise Electric Co.Oregon Supreme Court · 1924
- Brandtjen & Kluge, Inc. v. BiggsOregon Supreme Court · 1955
- Koski v. AndersonOregon Supreme Court · 1937
- Klein v. PortlandOregon Supreme Court · 1923
2 more not listed; retrieve them via the Exa API.