The Federal Reporter with Key-Number Annotations, Volume 251: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, October, 1918. Page: 33
xiii, 992 p. ; 23 cm.View a full description of this legislative document.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
PORTLAND CATTLE LOAN CO. V. OREGON SHORT LINE R. CO. 33
of the other concomitant events without which an injury would not
have occurred.
A pulley should be guarded when danger to the employ from its
use is within the-reasonable anticipation of the employer. The realm
of reasonable anticipation, though not always well defined, should not
be confused with the wider field of speculative possibilities. In the
present case, we find no evidence to sustain a verdict that the employer
could have reasonably anticipated an injury to an employ by reason of
the unguarded pulley.
Judgment is reversed, and cause remanded for new trial.
PORTLAND CATTLE LOAN CO. v. OREGON SORT LINE R. CO.
(Circuit Court of Appeals, Ninth Circuit. May 6, 1918.)
No. 3103.
1. CARRIERS = 30O-RATES---Sc]UEDLES FILED.
The rate filed, whatever it is, is the only lawful charge, and the carrier
must collect the same.
2. CARRIERS 30-RATEs--PUBLISI(ED TARIFFS.
In an action by a railroad company to recover balances due as freight
for shipments of cattle, published tariffs held to require that a differ-
ential rate from the point of shipment to a central point should be col-
lected.
8. CARRIERS $:=30-RATES-TARIFFS.
In determining the rate to be charged by a carrier, all parts of the
tariff filed should be considered, and if a plain meaning can be gathered
therefrom, effect should be given to it.
In Error to the District Court of the United States for the District
of Oregon; Charles E. Wolverton, Judge.
Action by the Oregon Short Line Railroad Company, a corporation,
against the Portland Cattle Loan Company. There was a judgment for
plaintiff (245 Fed. 214), and defendant brings error. Affirmed.
Writ of error is brought to review a judgment whereby the railroad com-
vany recovered a balance of freight charges alleged to be due it by the cattle
company for the transportation of a trainload of cattle from Hereford, Tex.,
to destinations in Idaho and Montana. Hereford is a station on the Pecos &
Northern Texas Railway and a short distance from Amarillo. The shipment
moved through Amarillo over the connecting lines of the defendant railroad
to Pocatello, Idaho. Originally 44 carloads of cattle were shipped, but at
Amarillo the 44 carloads were combined into 43. Twenty-seven carloads were
delivered by the railroad company at Pocatello, Idaho, and 16 were delivered
at a station near Butte, Mont. Payment of freight charges was made by the
cattle company for deliveries at Pocatello at a rate of $136.50 per car. This
was made up of $116.50 for transportation from Hereford, Tex., to Idaho
Falls, Idaho, and $20 for back haul from Idaho Falls to Pocatello. The charg-
es for the part of the shipment delivered near Butte were on the basis of $164.-
80 per car, or $116.50 from point of origin to Idaho Falls, Idaho, and an add-
ed charge of $4830 from Idaho Falls to Butte. Later the railroad company
acknowledged that these were in part erroneous charges, and refunded to the
cattle company $20 and interest per car on the Pocatello cars. In the course
of time, after examination by the auditor of the railroad company, it was as-
gFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
251 F.-3
Upcoming Pages
Here’s what’s next.
Search Inside
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
The Federal Reporter with Key-Number Annotations, Volume 251: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38822/m1/46/: accessed May 14, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.