Smith Meat Co. v. Oregon R. & N. Co.
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is an action by Frank L. Smith Meat Company, a corporation, against the Oregon Railroad & Navigation Company. The facts as brought out at the trial in the court below, are as follows: Plaintiff corporation is engaged in the butchering business in Portland, Oregon.
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. This is an action by Frank L. Smith Meat Company, a corporation, against the Oregon Railroad & Navigation Company. The facts as brought out at the trial in the court below, are as follows: Plaintiff corporation is engaged in the butchering business in Portland, Oregon. The complaint alleges, in substance, that about March 14, 1908, plaintiff caused to be shipped to it, over defendant’s railroad, from North Powder in Eastern Oregon, 53 head of live stock, intended for slaughter at Portland; that, owing to the…
1Opinion of the CourtJustice McBride
1. The judgment of the circuit court is correct. The evidence shows, without contradiction, that Davis Bros, were plaintiff’s agents in buying and shipping the cattle, and their contract was, therefore, its contract and binding upon it. York Co. v. Central Railroad, 3 Wall. 107 (18 L. Ed. 170).
2. The stipulation that a claim of injury shall be presented within 10 days and before the stock shipped shall have been mingled with other stock is a reasonable stipulation on its very face. Transportation companies can only do business through employees, and the location of these, as well as the time…
2Cases cited9 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Atlantic Coast Line Railroad v. BryanSupreme Court of Virginia · 1909
- Southern Railway Co. v. AdamsSupreme Court of Georgia · 1902
- Wood v. Southern Railway Co.Supreme Court of North Carolina · 1896
- Austin v. . R. R.Supreme Court of North Carolina · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Craig v. O'RearCourt of Appeals of Kentucky · 1923
- Kidwell v. Oregon Short Line R.Court of Appeals for the Ninth Circuit · 1913
- Levy v. Nevada-California-Oregon Ry.Oregon Supreme Court · 1916
- Henry v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1915
- Union Pacific R. R. v. Pacific Market Co.Wyoming Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.