Baker v. J. C. Watson Co.

(Concurring specially.) — I concur in granting a new trial but not upon all the grounds stated in the majority opinion. I do not think the authorities cited support the conclusions reached by the majority opinion, as to the legal effect, or, rather, lack of effect, of diversion of shipment from Laramie to Chicago by the consignee.

In Kitterman v. Eagle Pine Co., 122 Ore. 137, 257 P. 815, from which the majority opinion quotes, there was no question of diversion of a shipment, as the case was submitted on stipulation of facts; and it appears that the only question submitted to the court was as…