211 F. 717 | W.D. Wash. | 1914
The testimony upon the trial, on the part of the plaintiff, established the fact that the defendant was the owner of a large tract of timber land in King and Sfiohomish counties, and was engaged in logging the land, selling, all logs upon the open market, and in connection with this land it owned a logging road of standard gauge build which was connected by switch or siding with the Great Northern Railway; that the defendant operated over its road engines and logging cars; that it has large booming grounds in the waters of Puget Sound about two miles below Mukilteo; that it operates several large logging camps upon its lands; that over its logging road it runs five or six logging trains each day to and from its various camps and places in its booms over half a million logs per day; that the logs are sold by the defendants to the various mills upon Puget Sound; that poles and piles which it cuts from its land are sold to a company which ships them to California; that the logs are sold by it from its boom to the Weyerhouser Mill at Everett, and are maim-.
After the plaintiff rested his case, the defendant moved for a non-suit on the ground that there was no testimony to sustain a verdict. The motion was granted. A motion for a new trial has been filed and submitted.
“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined * * * than according to the rules of the common law.”
, The court stated that the entering of a judgment by the court non obstante veredicto was the trial of an issue that had been submitted to the jury, and that the power of the court was limited to granting a new trial. The same case, however, holds—and this has been recognized by all of the federal courts—that, wher'e there is no testimony to support a verdict, it is the duty of the court to grant a dismissal. The judge’s function is to superintend and direct' the course of trial, and the jury are to determine the ultimate facts in issue; and, when the facts disclosed by the testimony clearly cannot under the law support a verdict, it would be useless to submit it to a jury.
“That every common carrier by railroad while engaged in commerce between aily of the several states * * * shall be liable in damages,” etc.
It becomes important to know when the logs in issue began their final j ourney to the market and to their final destination. A commodity is not in interstate commerce until it has entered üpon its final passage to another' state or foreign country.
“Whenever a commodity has begun to move as an article of trade from one state to another, commerce in that commodity between the states has commenced.” The Daniel Ball Case, 10 Wall. 565, 19 L. Ed. 999.
“When the products of the farm or the forest are collected and brought in from the surrounding country to a town or station serving as an entrepot for that particular region, whether on a river or a line of railroad, such products are not yet exports, nor are they in process of exportation, nor is exportation begun until they are committed to the common carrier for transportation out of the state to the state of their destination or have started on their ultimate passage to that state.” Coe v. Errol, 116 U. S. 517, 525, 6 Sup. Ct. 475, 477 (29 L. Ed. 715).
The Supreme Court of the United States, in Bacon v. Illinois, 227 U. S. 504, 33 Sup. Ct. 299, 57 L. Ed. 615, which was a case where grain was purchased in localities in a number of States and shipped by original owners who were residents of such states and consigned to New York, Philadelphia, and other eastern cities, the owner reserving the right to remove the grain at Chicago for the purpose of weighing, cleaning, inspecting, etc., and thereafter to be reshipped to destination and consignees at the election of the owners, held that the owner had the privilege of continuing the transportation under the shipping contract, of which he might avail himself, but that this provision in the contract made it optional with the owner whether the grain should continue to its destination or not, and when it was taken from the cars at Chicago to the private elevator that the transportation had ceased and the interstate commerce character had been ended. In the instant case the logs had not entered upon a final journey to their ultimate destination. They had simply been accumulated in their raw state and shipped to the boom grounds, where they were distributed to the various mills which purchased the logs and manufactured them into lumber. I do not believe that the act was intended, to cover such a case, and the conclusion is-inevitable that the facts in this case do not bring the plaintiff within the liability act, under which this action is prosecuted. Any other conclusion on the part of the court, it seems to me, would be revolutionary in endeavoring to adopt a plan or system which had not been contemplated by Congress to the business interests of the country, and no good purpose could be subserved.
The motion for a new trial is denied.