Legal Opinion

Buck v. Oregon Railroad & Navigation Co.

Washington Supreme Court

Decided May 5, 1909No. 7537PublishedCited by 2 opinions

Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered February 20, 1908, granting a nonsuit at the close of plaintiffs’ case, dismissing an action to recover the value of live stock placed in defendant’s stock pens.

1Opinion of the CourtMount, J.

This action was brought by the appellants to recover for the loss of six head of horses and the expense of *114gathering fifty-seven head of cattle, which escaped from the stock pens belonging to respondent near Spokane. The case was tried to the court and a jury. After the plaintiffs had submitted their evidence in support of the complaint, the defendant moved for a nonsuit, which motion was granted, and the action dismissed. The plaintiffs appeal.

It appears from the plaintiffs’ evidence, that the defendant is a common carrier of freight; that on May 7, 1907, the defendant agreed to transport…

2Cases cited3 opinions

  1. Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
  2. The KensingtonSupreme Court of the United States · 1902
  3. Knott v. Botany MillsSupreme Court of the United States · 1900

3Cited by2 opinions

  1. Brown v. O.-W. R. & N. Co.Oregon Supreme Court · 1912
  2. Houghtelin v. Oregon Short Line RailroadIdaho Supreme Court · 1921

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