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MONTGOMERY WARD & CO. v. NORTHERN PACIFIC TERM. CO.

Civ. A. No. 1686.

128 F.Supp. 520 (1954)

MONTGOMERY WARD & CO., Incorporated, Plaintiff, v. The NORTHERN PACIFIC TERMINAL COMPANY OF OREGON, et al., Defendants.

United States District Court D. Oregon.

April 29, 1954.

Attorney(s) appearing for the Case

Stuart S. Ball, John A. Barr, David L. Dickson, William L. Niemann, Chicago, Ill., and Stephen Parker, Portland, Or., for Montgomery Ward & Co.

Roy F. Shields, Joseph Berkshire, Portland, Or., Dean H. Eastman, Seattle, Wash., for Northern Pacific Terminal Co. of Oregon.

Charles A. Hart, Portland, Or., Clark A. Eckart, Seattle, Wash., for Great Northern Railway Co.

Charles A. Hart, Fletcher Rockwood, Portland, Or., Dean H. Eastman, Clark A. Eckart, for Spokane, Portland & Seattle Ry. Co.

Charles A. Hart, Portland, Or., Dean H. Eastman, Seattle, Wash., for Northern Pac. Ry. Co.

Roy F. Shields, Joseph G. Berkshire, Portland, Or., for Union Pac. Ry. Co.

Clarence J. Young, Portland, Or., for Southern Pac. Co.

Borden Wood, Grant T. Anderson, Portland, Or., for Railway Express Agency.

John M. Hickson, Portland, Or., for F. D. Hartwick and others.

C. O. Fenlason, Portland, Or., for Gustav Robertson.

William P. Ellis, Portland, Or., for Albert C. Pounder and others.

Leonard D. Alley, Portland, Or., for Emil Jossy, and others.

C. E. Holbrook and Donald A. Schafer, Portland, Or., for Consolidated Freight-ways, Inc.

JAMES ALGER FEE, Chief Judge.

The decision of this Court heretofore filed1 has been subject to much misinterpretation.

The opinion, reduced to its lowest terms, held that each common carrier, whether trucker or railroad, has a duty at common law and under the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq., to receive, transport and deliver goods in accordance with its holding out or the engagement of its posted tariff.

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