CHICAGO M. & ST. P. RY. CO. v. CITY OF TACOMA

No. 4502.

7 F.2d 586 (1925)

CHICAGO, M. & ST. P. RY. CO. v. CITY OF TACOMA.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied October 12, 1925.


Attorney(s) appearing for the Case

Geo. W. Korte, of Seattle, Wash., for plaintiff in error.

E. K. Murray, Leo Teats, and Lorenzo Dow, all of Tacoma, Wash., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


HUNT, Circuit Judge.

The city of Tacoma recovered judgment against the railway company for damages done to a large transformer core which the city purchased for use in its municipal lighting plant. The complaint alleged that the city and the railway company made an oral contract, confirmed by requisition, whereby the railway company agreed for a valuable consideration to lift with its crane and crew the transformer core, which weighed about 34 tons, from aboard a...

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