ORS 586.395
Warehouseman’s liability for injury to grain

  • disposal of grain which is a hazard

(1)

A warehouseman shall be liable for any loss or injury to the grain in the public warehouse of the warehouseman caused by the failure of the warehouseman to exercise such care in regard to it as a reasonably careful person would exercise in regard to similar grain of the person’s own.

(2)

Intentionally left blank —Ed.

(a)

If a warehouseman discovers that as a result of a quality or condition of certain grain placed in the public warehouse of the warehouseman, of which the warehouseman had no notice at the time of deposit, such grain is a hazard to other grain or to persons or to the public warehouse, and if it is not immediately removed by the owners at the request of the warehouseman, the warehouseman may sell the grain at public or private sale without advertisement but with reasonable notification to all persons known to claim an interest in the grain. If the warehouseman after a reasonable effort is unable to sell the grain, the warehouseman may dispose of it in any other lawful manner and shall incur no liability by reason of such disposition.

(b)

At any time prior to sale or disposition as authorized in this section, the warehouseman shall deliver the grain to any person entitled to it, upon proper demand and payment of charges.

(c)

From the proceeds of sale or other disposition of the grain the warehouseman may satisfy the charges of the warehouseman for which otherwise the warehouseman would have a lien, and shall hold the balance thereof for delivery on the demand of any person to whom the warehouseman would have been required to deliver the grain. [1961 c.445 §14]

Source: Section 586.395 — Warehouseman’s liability for injury to grain; disposal of grain which is a hazard, https://www.­oregonlegislature.­gov/bills_laws/ors/ors586.­html.

586.210
Definitions for ORS 586.210 to 586.730 586.225
Exemption for certain warehousing facilities 586.230
State Department of Agriculture to inspect warehouses and records and make rules to enforce ORS 586.210 to 586.730 586.235
Cooperative agreements for inspections in other states 586.250
Improper acts of department officers or employees and of others improperly influencing them 586.270
Warehouse licenses 586.275
Revocation of or refusal to issue license 586.280
Prohibition against operating a warehouse or issuing a warehouse receipt without a license 586.285
Operation without a license may be enjoined 586.290
Posting of signs at warehouses 586.295
Warehouse to be maintained in adequate manner 586.300
Warehouseman’s bond 586.315
Warehouseman required to insure grain or retain written waiver by depositor 586.330
Investigating and fixing warehouse charges 586.340
Posting rate schedules 586.350
Overcharges, rebates and preferences prohibited 586.360
Warehouseman required to receive grain for storage 586.370
Obtaining blank forms of receipts from department 586.380
Only authorized receipts to be used 586.382
Warehouse records 586.385
Warehouseman’s liability for failure to issue proper receipt 586.395
Warehouseman’s liability for injury to grain 586.400
Duty of warehouse receiving grain for storage 586.410
Loading and shipping instructions 586.415
Approval of holder of receipt required before sale, shipment or other transaction 586.520
Inspection of warehouses 586.525
Procedure in case of probable shortage in grain or where warehouseman refuses to submit to inspection 586.527
Settlement of claims against defaulting warehouseman 586.529
Receivership of warehouse business 586.530
Establishment of standard grades for commodities received 586.550
Warehouseman to keep copy of regulations available for inspection 586.555
Warehouseman’s reports to department 586.561
Discontinuance of operation of warehouse 586.710
Disposition of certain fees 586.720
Application of Uniform Commercial Code–Documents of Title and other laws to public warehouses 586.730
Violation of provisions or noncompliance with order prohibited 586.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 586.395’s source at oregon​.gov