Schanen-Blair Co. v. Southern Pac. Co.
Oregon Supreme Court
From Multnomah: Robert G-. Morrow, Judge. Statement by Mr. Justice Eakin. This is an action by the Schanen-Blair Company, a corporation, against the Southern Pacific Company, £), corporation, to recover $94.71, alleged to be an excessive freight charge, together with treble the amount thereof as damages, under Section 6934, L. O. L. It appears that plaintiff was erecting the county courthouse building on Fourth Street, between Salmon and Main Streets, in the City of…
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From Multnomah: Robert G-. Morrow, Judge. Statement by Mr. Justice Eakin. This is an action by the Schanen-Blair Company, a corporation, against the Southern Pacific Company, £), corporation, to recover $94.71, alleged to be an excessive freight charge, together with treble the amount thereof as damages, under Section 6934, L. O. L. It appears that plaintiff was erecting the county courthouse building on Fourth Street, between Salmon and Main Streets, in the City of Portland, and had transported by the defendant’s cars from its Park Street Station to said building 946.4 tons of stone, or 35…
1Opinion of the CourtJustice Eakin
1. The contention of the defendant is that in the service rendered to plaintiff it was' not acting as a common carrier; that the service rendered was not one required of it as a common carrier, but was properly the subject of contract. It is admitted that the service was rendered under a contract with plaintiff; but plaintiff contends that defendant cannot, by contract, avoid the performance of its duties as a common carrier, which is true if the service was one required of it as a common carrier.
2. That raises the question whether a common carrier can be required to stop trains to unload…
2Cases cited7 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.Supreme Court of the United States · 1913
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- Southern Pacific Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- Chicago, M. & St. P. R. v. WallaceCourt of Appeals for the Seventh Circuit · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber CoCourt of Appeals for the Ninth Circuit · 1950
- Brothers v. State Industrial Accident CommissionOregon Supreme Court · 1932
- Hurlburt v. ChrismanOregon Supreme Court · 1921