Kidwell v. Oregon Short Line R.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Action by James G. Kidwell against the Oregon Short Line Railroad Company, judgment for defendant, and plaintiff brings error. The plaintiff in error brings under review a judgment of nonsuit rendered against him in an action which he brought against the defendant in error to recover damages for injury to cattle.
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In Error to the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Action by James G. Kidwell against the Oregon Short Line Railroad Company, judgment for defendant, and plaintiff brings error. The plaintiff in error brings under review a judgment of nonsuit rendered against him in an action which he brought against the defendant in error to recover damages for injury to cattle. The parties will be designated plaintiff and defendant as in the court below. The complaint alleged in substance that the defendant, a common carrier operating a line of railroad…
1Opinion of the CourtGirbert, Circuit Judge
[1] (after stating the facts as above). The contract provided that unless “claims for loss, damage, or detention are presented within ten days from the date of the unloading *3of paid stock at destination, and before said stock have been mingled with other stock, such claim shall be deemed to be waived, and the carriers and each thereof shall be discharged from liability.” The evidence as to the plaintiff’s compliance with this provision is that at Shoshone he told the agent there that lie w~as going to put in a claim for side-tracking the cattle and “handling them bad” from Huntington on; that…
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- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
- Atlantic Coast Line Railroad v. BryanSupreme Court of Virginia · 1909
- St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
- Southern Railway Co. v. AdamsSupreme Court of Georgia · 1902
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- Chicago, R. I. & G. Ry. Co. v. DaltonCourt of Appeals of Texas · 1915
- Baird v. Denver & R. G. R.Utah Supreme Court · 1916
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