Angeles Brewing & Malting Co. v. Carter

Citations

• 89 Wash. 335
• 154 P. 601
• 1916 Wash. LEXIS 696

Syllabus

<p>Appeal —■ Review — Findings. Findings upon sharply conflicting evidence will not be disturbed on appeal, where it cannot be said that they are not supported by the evidence.</p> <p>Collision — Injury to Vessel — Negligence—Failure to Observe Lights — Liability. Where two steamers, the A. and the V. were approaching on opposite courses port to port, so that a third steamer, the C., following astern of the V. with the V. on her starboard bow, must have had an unobstructed view of the A., it was negligence, as a matter of law, for the C. to fail to observe the lights of the A.; and in case the collision was due to such negligence, it would be immaterial which vessel had the right of way.</p> <p>Same — Negligence—Failure to Observe Lights — Findings and Evidence. In such a case, a finding of fact to the effect that the C. was first made aware of the proximity of the A., when the A. and V. had exchanged signals to port helms and the V. had swung to starboard, is not necessarily a finding that the A. was not in plain view of the C. prior to that time, so as to escape the imputation of negligence in failing to observe A.’s lights.</p> <p>Same — Loss of Freight — Value—Evidence—Shipping Invoice— Admissibility. Upon an issue as to the value of freight lost in a collision of steamers, duplicate invoices furnished by shippers to adjusters of the cargo are competent evidence of value, in the absence of evidence that the shippers’ claims were fraudulent or in excess of the actual value of the goods lost and the amounts paid on that account.</p> <p>Same — Loss of Freight — Reimbursement—Interest. In an action for damages from a collision, an award to reimburse the plaintiff for money paid out to shippers for freight lost should draw interest only from the time of the payments.</p>