Normile v. Oregon Navigation Co.
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. This is an action by S. Normile against the Oregon Railroad & Navigation Co., to recover the value of a mule, which, with other stock, the defendant, it is alleged, undertook and agreed, for the consideration of $15, to transport from Portland to Astoria, skillfully and safely, and there deliver to plaintiff in good condition.
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From Clatsop: Thomas A. McBride, Judge. This is an action by S. Normile against the Oregon Railroad & Navigation Co., to recover the value of a mule, which, with other stock, the defendant, it is alleged, undertook and agreed, for the consideration of $15, to transport from Portland to Astoria, skillfully and safely, and there deliver to plaintiff in good condition. It is further alleged that the defendant is a common carrier, and engaged in that business, and that it placed the stock, consisting of eight head of horses and two head of mules, on board its steamer Hassalo, to transport the…
1Opinion of the CourtJustice Wolverton
1. At the threshold of the controversy, counsel for defendant insists that, as plaintiff did not declare upon the special contract entered into by the parties respecting the shipment, as evidenced by the bill of lading, he should have been denied relief because of a variance in the proof. The plaintiff has a legal right to pursue the form of action adopted (3 Bney. PI. & Pr. 818), but, having thus made his election, he must recover upon the common-law liability, or not at all, and a valid *181special contract of the parties, providing or stipulating for a different or restricted liability in the…
2Cases cited25 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
20 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Donlon Bros. v. Southern Pacific Co.California Supreme Court · 1907
- Voyt v. Bekins Moving & Storage Co.Oregon Supreme Court · 1941
- Georges v. Pacific Telephone and Telegraph CompanyDistrict Court, D. Oregon · 1960
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Wells v. Great Northern Ry. Co.Oregon Supreme Court · 1911
16 more not listed; retrieve them via the Exa API.