Hamilton v. Baggage & Omnibus Transfer Co.
Oregon Supreme Court
From Multnomah: Calvin IT. Gantenbein, Judge. Department 1. Clara Hamilton, the plaintiff, traveled by railroad from Sheridan, Wyoming, to Portland, Oregon. Her husband was in the United States Army. Whenever he was transferred from one post to another, she moved with him. Because of one of such transfers from the east to the west she came to Portland.
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From Multnomah: Calvin IT. Gantenbein, Judge. Department 1. Clara Hamilton, the plaintiff, traveled by railroad from Sheridan, Wyoming, to Portland, Oregon. Her husband was in the United States Army. Whenever he was transferred from one post to another, she moved with him. Because of one of such transfers from the east to the west she came to Portland. Upon her arrival in Portland she delivered to M. E. Norcross a railroad baggage check for a trank which she had checked from Sheridan to Portland. She directed Norcross to deliver the check to some storage company, and to have the storage…
1Opinion of the CourtHarris, J.
The defendant claims that the evidence shows that the trunk was stolen. The defendant admits that it received and'stored the trunk in its warehouse. There is nothing to indicate that the trunk was stolen, except the fact that when the plaintiff called for the trunk the defendant searched for it, but could not find it, and the further circumstance that the company kept a watchman in the warehouse.
The defendant contends that because of language employed in the amended complaint the action must be held to be an action in trover, and that therefore the plaintiff cannot prevail if the trunk was…
2Cases cited30 opinions
- Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
- Fonseca v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Healy v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
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- Union Oil Co. of Calif. v. LullOregon Supreme Court · 1960
- Pierce v. Northern Pacific Railway Co.Oregon Supreme Court · 1928
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