Legal Opinion
North Coast Manufacturing Corp. v. Union Pacific Railroad
District Court, D. Oregon
Decided March 25, 1960No. Civ. No. 221-59PublishedCited by 5 opinions
1Opinion of the Court
SOLOMON, Chief Judge.
This is an action by a shipper against the Union Pacific Railroad for failure to collect C.O.D. charges on two shipments of heating equipment.
The two shipments were delivered to defendant’s truck drivers in October and December, 1957, together with bills of lading printed by plaintiff bearing a C. O.D. notation in a place other than that authorized by defendant’s tariff.
Plaintiff alleges that the “truck drivers were informed that the shipments were COD shipments and such shipments were *288accepted by defendant’s truck drivers as such.”
The parties agree that defendant’s…
2Cases cited2 opinions
- Davis v. HendersonSupreme Court of the United States · 1924
- Empire Box Corp. of Stroudsburg v. Delaware, L. & W. R.Court of Appeals for the Second Circuit · 1948
3Cited by5 opinions
- Cermetek, Inc., a Corporation v. Butler Avpak, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1978
- United Video Buyers Ass'n v. North Penn Transfer, Inc.New Jersey Superior Court Appellate Division · 1986
- Baker v. Prolerized Chicago CorporationDistrict Court, N.D. Illinois · 1971
- United Video Buyers Ass'n v. North Penn Transfer, Inc.New Jersey Superior Court Appellate Division · 1985
- United Video Buyers Ass'n v. North Penn Transfer, Inc.Supreme Court of New Jersey · 1987