Garberson v. Trans-Continental Freight Co.

Citations

• 51 Wash. 213
• 98 P. 612
• 1908 Wash. LEXIS 998

Syllabus

<p>Carriers op Goods — Contracts — Construction — Breach — Liability op Forwarder or Distributer op Goods. Where a foreign corporation contracts to forward and deliver goods for a specific sum, it is liable for failure to deliver in the manner agreed upon and for damage to the goods, regardless of whether it acted as a mere forwarder, or as a forwarder and distributer.</p> <p>Same — Evidence op Contract — Remoteness. In an action for damages to goods, and for recovery of an excess charge, under a contract whereby defendant, a forwarder and distributer of goods, agreed to ship the goods from Ohio and deliver them at Seattle for a specified sum, evidence as to the railroad rates on similar goods is inadmissible to show the probabilities as to what the contract in fact was; the same being too remote and speculative, in view of the competition in such rates.</p>