United States ex rel. Northwestern Warehouse Co. v. Oregon R. & Navigation Co.
U.S. Circuit Court for the District of Oregon
In Equity. This is a proceeding by writ of mandamus to require the defendant railroad company to furnish ears for the transportation of grain for the relator in proportion to the number of cars furnished for a like service for the use of relator’s competitors engaged in the same business. The relator’s business consists in buying grain for export, and to some extent in'storing the same for hire.
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In Equity. This is a proceeding by writ of mandamus to require the defendant railroad company to furnish ears for the transportation of grain for the relator in proportion to the number of cars furnished for a like service for the use of relator’s competitors engaged in the same business. The relator’s business consists in buying grain for export, and to some extent in'storing the same for hire. The defendant is engaged in operating a railroad, extending from Portland up the Columbia river, and through the state of Oregon eastward, with branches reaching into Eastern Washington, over which…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). The principal question involved by this litigation hinges about a rule of the defendant railroad company which requires that orders and requisitions for cars with which to make shipments of grain from these private warehouses shall be made through the warehousemen. And it is urged on the part of the railroad company that, because it has adopted and promulgated such a rule, it is not obliged to honor orders or demands for cars made in any other way or through any other persons or officers.
The warehousemen are bailees for hire. They receive the grain on…
2Cases cited11 opinions
- Texas & Pacific Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1896
- Missouri Pacific Railway Co. v. NebraskaSupreme Court of the United States · 1896
- Atchison, Topeka & Santa Fe Railroad v. Denver & New Orleans RailroadSupreme Court of the United States · 1884
- Interstate Com. Commiss. v. B. & O. RAILROADSupreme Court of the United States · 1892
- Central Stock Yards Co. v. Louisville & Nashville Railway Co.Supreme Court of the United States · 1904
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3Cited by4 opinions
- Shaw Warehouse Company, Birmingham Ice and Cold Storage Company, and Boggs Cold Storage Company v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1961
- Michigan Consol. Gas Co. v. Federal Power Commission (Two Cases)Court of Appeals for the Third Circuit · 1953
- State ex rel. Sorensen v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1924
- Terminal Warehouse & Refrigeration Co. v. Cross Transp. Co.District of Columbia Court of Appeals · 1943