Sevier v. Mitchell
Oregon Supreme Court
From Multnomah: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by J. W. Sevier and O. E. Weed against D. Mitchell to recover damages for the loss of property while in transit. The complaint charges-in effect: That at all times stated therein the plaintiffs were and are partners. That the defendant is the owner of the launch ‘ ‘ Olympic, ’ ’ and engaged in towing for hire.
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From Multnomah: Frank M. Calkins, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by J. W. Sevier and O. E. Weed against D. Mitchell to recover damages for the loss of property while in transit. The complaint charges-in effect: That at all times stated therein the plaintiffs were and are partners. That the defendant is the owner of the launch ‘ ‘ Olympic, ’ ’ and engaged in towing for hire. That about January 8,1913, an agreement was entered into by the parties hereto whereby the defendant, in consideration of $12.50, thereafter to be paid, undertook to transport 71…
1Opinion of the CourtJustice Moore
It is contended that the complaint does not state facts sufficient to constitute a cause of action, in thpt the initiatory pleading is founded on the charge that the defendant was a common carrier, and hence an insurer of the property delivered to him for transportation. The plaintiffs’ counsel admit that the defendant was a private carrier, but they insist that for his failure to deliver the property in the same condition as when received, their clients had the right to elect to sue in tort for the negligence or upon contract for a breach thereof which latter remedy they pursued..
*4871. A private…
2Cases cited24 opinions
- The DelawareSupreme Court of the United States · 1896
- Leon v. GalceranSupreme Court of the United States · 1871
- The IrrawaddySupreme Court of the United States · 1898
- State v. RaderOregon Supreme Court · 1912
- Taffe v. SmythOregon Supreme Court · 1912
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Redfield v. Mead, Johnson & CompanyOregon Supreme Court · 1973
- Redfield v. Mead, Johnson & CompanyOregon Supreme Court · 1973
- Redfield v. Mead, Johnson & CompanyOregon Supreme Court · 1973
- United States Nat. Bank v. SheflerOregon Supreme Court · 1915