Oregon R. & Navigation Co. v. Dumas
Court of Appeals for the Ninth Circuit
In'E'rfbr to "the Circuit Court of the United States for the Southern Division of the Eastern. District of Washington. Action by J. L. Dumas against the Oregon Railroad & Navigation Company. Judgment for plaintiff, and-defendant brings error. For convenience the parties to this action' will" bA designated as they are in tjie court, below and as in the briefs of counsel in this court.
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In'E'rfbr to "the Circuit Court of the United States for the Southern Division of the Eastern. District of Washington. Action by J. L. Dumas against the Oregon Railroad & Navigation Company. Judgment for plaintiff, and-defendant brings error. For convenience the parties to this action' will" bA designated as they are in tjie court, below and as in the briefs of counsel in this court. The plaintiff in án action ht' lavv ’to recover damages against the defendant alleged", in substance, that .-the defendant owned- and was in possession of a railroad line leading past theplaintiff’s farm "in…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above).. The plaintiff in error contends that the complaint is fatally defective for failure to state a cause of action. A demurrer was interposed on this ground, but it was waived, by an answer to the merits." In some respects the averments of the complaint are aided by the .allegations of the answer. ‘ While the complaint is not as specific .as the rules,of good pleading require, it nevertheless contains all the essentials o,f.a cause of action. It alleges the’ agreement between the parties whereby the defendant was to equip a side track to be laid to the…
2Cases cited10 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Gulf, Colorado & Santa Fe Railway Co. v. Hume Bros.Texas Supreme Court · 1894
- Clark v. . Ulster Delaware R.R. Co.New York Court of Appeals · 1907
- Baxley v. Tallassee Montgomery R. R.Supreme Court of Alabama · 1900
- Midland Valley Railroad v. Hoffman Coal Co.Supreme Court of Arkansas · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Davis v. CornwellSupreme Court of the United States · 1924
- Ayers v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- Cascade Timber Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1947
- Hecht v. AlfaroCourt of Appeals for the Ninth Circuit · 1926
- United Kansas Portland Cement Co. v. HarveyCourt of Appeals for the Eighth Circuit · 1914
8 more not listed; retrieve them via the Exa API.