Bullock v. White Star Steamship Co.

Citations

• 30 Wash. 448
• 70 P. 1106
• 1902 Wash. LEXIS 708

Syllabus

<p>CARRIERS-BREACH OP CONTRACT TO CARRY PASSENGER-MEASURE OP DAMAGES.</p> <p>In an action against a transportation company for failure to perform its contract to deliver plaintiff and bis men at their destination, plaintiff is entitled to recover what it cost to live at the point where they were compelled to disembark, the cost of supplies and outfit to take them from there to their destination, the loss of time occasioned by not being landed at their point of destination, and the value of wages in their proposed line of work, which the party lost by reason of the delay (Ransherry v. North American T. & T. Go., 22 Wash. 476, followed).</p> <p>SAME — -EVIDENCE RATE OP WAGES.</p> <p>In an action for damages for causing plaintiff to disembark at Nome, while his contract of carriage required that he should be landed on Port Clarence Bay, evidence of the rate of miners’ wages current at Nome was admissible, where there- was testimony that they were the same at both points, and where it is shown that plaintiff lost several days’ time at Nome, while preparing to outfit for the trip to Port Clarence Bay.</p> <p>SAME-RELEVANCY OP EVIDENCE • — ■ RELEASE OP DAMAGES.</p> <p>Where the plaintiff was claiming damages on account of the loss to himself by reason of the delay and extra expense he was put to on account of defendant’s failure to carry him and bis men to tbeir destination, and was not seeking to recover for damages suffered by the men in his employ, defendant was not entitled to put in evidence the release by one of the men of all damages on his own account.</p> <p>SAME —• SOURCES OF INFORMATION.</p> <p>In an action against a transportation company for failure to carry passengers to their destination according to contract, to which the defense of impossibility of performance was interposed on the ground that at the time of its failure the waters of the bay at the point of destination were ice-locked, the defendant is not entitled to put in evidence the sources of its in