Rosenwald v. Oregon City Transp. Co.
Oregon Supreme Court
From Marion: Percy E. Kelly, Judge. This is an action by T. Eosenwald, doing business under the trade name and style of T. Eosenwald & Company, against the Oregon City Transportation Company, a corporation. Affirmed. Department 1. Statement by Mr. Justice Burnett.
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From Marion: Percy E. Kelly, Judge. This is an action by T. Eosenwald, doing business under the trade name and style of T. Eosenwald & Company, against the Oregon City Transportation Company, a corporation. Affirmed. Department 1. Statement by Mr. Justice Burnett. The substance of the complaint in this action is that on December 26, 1913, the plaintiff and his assignors delivered to the defendant as a common carrier by water for transportation to Portland, Oregon, sundry bales of hops of a certain value which the latter, in consideration of a reasonable compensation to be paid to it by the…
1Opinion of the CourtJustice Burnett
1. As a preliminary it was contended that the answer contained two defenses and it is assigned as error that the court overruled the plaintiff’s motion to require the defendant to elect between them, the first of which was to the effect that the damage was occasioned by the negligent conduct of the officers of the United States government in charge of the dredge and the other that the loss was due to the dangers of navigation and the act of Grod. This motion was not made until the jury had been impaneled and the cause was ready for the testimony. In Fleishman v. Meyer, 46 Or. 267 (80 Pac.…
2Cases cited16 opinions
- Union Steamship Co. v. New York & Virginia Steamship Co.Supreme Court of the United States · 1861
- United States v. Kansas City Southern Ry. Co.District Court, W.D. Arkansas · 1911
- Normile v. Oregon Navigation Co.Oregon Supreme Court · 1902
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Wells v. Great Northern Ry. Co.Oregon Supreme Court · 1911
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3Cited by9 opinions
- Voyt v. Bekins Moving & Storage Co.Oregon Supreme Court · 1941
- German v. Kienow's Food StoresOregon Supreme Court · 1967
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1924
- Swank v. MoisanOregon Supreme Court · 1917
- Fields v. WilsonOregon Supreme Court · 1949
4 more not listed; retrieve them via the Exa API.