Stoddard Lumber Co. v. Oregon-Washington R. & N. Co.
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. Action for damages by tbe Stoddard Lumber Company, a corporation, against the Oregon-Washington Railroad & Navigation Company, a corporation. From a judgment entered on a verdict of a jury in favor of plaintiff, defendant appeals. In Banc. Statement by Mr. Justice McCamant.
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From Baker: Gustav Anderson, Judge. Action for damages by tbe Stoddard Lumber Company, a corporation, against the Oregon-Washington Railroad & Navigation Company, a corporation. From a judgment entered on a verdict of a jury in favor of plaintiff, defendant appeals. In Banc. Statement by Mr. Justice McCamant. This is an action brought to recover damages sustained by plaintiff’s assignors, Stoddard Lumber Company, a Utah corporation, and Shockley & McMurren Lumber Company, by reason of the alleged failure of a connecting carrier of the defendant to notify plaintiff’s assignors of the…
1Opinion of the CourtJustice McCamant
Plaintiff’s right of action in this case is based wholly on its contention that where goods cannot be delivered by a terminal carrier in accordance with the contract of transportation, the duty devolves on such carrier to notify the owner of the goods, whether he be consignor or consignee. This principle is challenged by counsel for defendant. The liability of an initial carrier under the Carmack Amendment is only that imposed by the common law on its connecting carrier: Adams Express Co. v. Croninger, 226 U. S. 491, 511 (57 L. Ed. 314, 44 L. R. A. (N. S.) 257, 33 Sup. Ct. Rep. 148); Judson…
2Cases cited31 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- New York, Philadelphia & Norfolk Railroad v. Peninsula Produce ExchangeSupreme Court of the United States · 1916
26 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hogan v. Aluminum Lock Shingle Corp.Oregon Supreme Court · 1958
- Real Estate Loan Fund Oreg. Ltd. v. HevnerCourt of Appeals of Oregon · 1985
- Lapp Insulator Co. Inc. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1953
- Marks v. First Nat. BankOregon Supreme Court · 1917
- Texas Instruments Incorporated v. Branch Motor Express Co., and Third-Party v. Airlift International, Inc., Third-PartyCourt of Appeals for the First Circuit · 1970
9 more not listed; retrieve them via the Exa API.