Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-25
OREGON SUPREME COURT DECISIONS
Full Text Published BY Courtesy of Turner, Reporter Of the
Supreme Court


o. R. & \. Co. '. Coolidge, Union
County.
Oregon Railroad and Navigation
Company, appellant, V. o. F. Coolidge,
respondent Appeal from the circuit
court for Union county Hon. J.. W.
Knowles. judge. Argued and submit
ted at Pendleton, May 2, 1911. W. W.
Cotton, Cochran and Cochran, and w.
A. Robbins, for appellant F. S. Ivan
hoe, for respondent. Burnett, ]. AT.
firmed.
The plaintiff, railway corporation
organized under the laws of Oregon,
operating as a common carrier a rail-
way extending from Portland to
Huntington in this state, claims to
have entered into an arrangement
with the Union Pacific, the Oregon
Short Line and the Denver and Rio
Grande Railroad companies whereby
they promulgated a joint tariff pre-
scribing rate of go cents per hun
dred pounds on shipments of cement
in carload lots transported over their
lines of railroad from Portland, Colo
RADIO, to La Grande, Oregon, which
said tariff was thereafter duly pub
lished and filed with the interstate
commerce commission and was at the
time mentioned in the complaint, the
lawful rate for the transportation of
that kind of property between said
points over said lines of railroad. AS
the delivering carrier authorized un-
der that arrangement to collect in its
own name from consignee the en-
tire through freight charges on
freight moving between those two
points, the plaintiff asserts in sub
stance that about April 25, 1907, the
defendant purchased at Portland.
Colorado, 500 sacks of cement, load
ed the same on car and delivered
the car so loaded to the Denver and
Rio Grande Railroad company at
Portland, Colorado, with instructions
to transport the same over said lines
of railroad and deliver it to defendant
as consignee at La Grande Oregon.
and that he agreed to pay for the
same the lawful rate for that carriage
of that kind Of property. 1t is also
stated in the complaint that having
received the shipment at Huntington,
oregon, its eastern terminus, the
plaintiff paid the other lines of rail-
road the full amount of their charges
for transporting the property to that
point and thereafter carried it to La
Grande, where the shipment was de-
livered to and accepted by the defen-
dant as consignee. The plaintiff
AYERS that the total freight charge on
the shipment according to the legal
tariff was the sum of $291.25, of
which the defendant paid the plaintiff
$166.25, leaving balance of $125
which the defendant refused to pay
and for which the plaintiff demands
Judgment. There are two other
counts in the complaint for two SINH
lar shipments on like alleged terms.
The answer traverses all the allie
cations of the complaint aside from
the corporate existence and business
of the plaintiff, except as otherwise
stated in the answer. The defendant
atfirmatively states that he purchased
500 sacks of cement at Portland, Col
orado. for sale at La Grande, and the
vendor then and there caused the said
cement to be delivered to defendant
at La Grande; that plaintiff delivered
the cement to the defendant at La
Grande and demanded and received
from defendant as full and reasona-
BILE compensation for the transporta-
tion in question the sum of $166.25,
which was the reasonable and only
amount fixed or lawfully chargeable
or collectible by plaintiff as freight
on such shipment, being rate of 80
cents per hundred pounds. Substan-
TALLY the same defense is made to the
other two counts. The reply mater