Benson v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from District Court, First District. Hon. W. W. Maughan, Judge. Action by Mrs. O. W. Benson against tbe Oregon Short Line Bailroad Company for damages for goods destroyed in transit. Judgment for plaintiff, and defendant appeals. STATEMENT OE EACTS. On September 5th, 1906, respondent, at Bntte, Mont., employed one O. B. Oeschili to pack and deliver at defendant’s depot for shipment to Logan, Utah, certain household goods.
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Appeal from District Court, First District. Hon. W. W. Maughan, Judge. Action by Mrs. O. W. Benson against tbe Oregon Short Line Bailroad Company for damages for goods destroyed in transit. Judgment for plaintiff, and defendant appeals. STATEMENT OE EACTS. On September 5th, 1906, respondent, at Bntte, Mont., employed one O. B. Oeschili to pack and deliver at defendant’s depot for shipment to Logan, Utah, certain household goods. She assisted Oeschili in the packing of the goods, and knew the particular articles that each parcel or bundle contained. The goods were taken to the depot by…
1Opinion of the CourtMeCAPTY, J.
(after stating the facts as above).
The first assignment of error is predicated upon an order made during the progress of the trial permitting respondent to amend her -complaint. Some of the goods over which this controversy arose were described in the complaint as “two bundles of carpet and one box of household goods.” Despondent offered evidence tending to- show the- kind and value of the various articles contained in the box, also to prove that various articles of household goods were wrapped up in the *245two bundles of carpet mentioned in the complaint. Appellant objected to the introduction…
2Cases cited5 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Chicago & Northwestern Railway Co. v. Calumet Stock FarmIllinois Supreme Court · 1901
- Nelson v. Hudson River RailroadCommission of Appeals · 1872
- Oregon Short Line R. v. DavidsonUtah Supreme Court · 1908
- Seller v. Steamship PacificDistrict Court, D. Oregon · 1861
3Cited by8 opinions
- Big Butte Ranch, Inc. v. HolmUtah Supreme Court · 1977
- Larsen v. Oregon Short Line RailroadUtah Supreme Court · 1910
- O'Connor v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
- Bingham v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1911
- Homer v. Oregon Short Line RailroadUtah Supreme Court · 1912
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