Mitchell v. Southern Pacific Co.

Due to the defendant’s form of denial of plaintiff’s averment as to the reasonable value of his onions at the time of delivery to the carrier, the defendant admits their value to be any sum less than $558.85: Hewitt v. Huffman, 55 Or. 57 (105 Pac. 98).

Notwithstanding such admission as to the value of the onions when received at Hillsboro for shipment, the defendant is not precluded from alleging and proving the damaged condition of the onions and their unfitness for transportation, and that it was owing to their defective state and the plaintiff’s negligence in failing to remove them from the…