Honolulu Rapid Transit & Land Co. v. American-Hawaiian Steamship Co.

Citations

• 3 D. Haw. 11

Syllabus

<p>Receipt for goods in bill of lading: A bill of lading receipting for goods as shipped in apparent good order and condition, is no more favorable to the carrier than one receipting for goods as shipped in good order and condition, as they are the same in law.</p> <p>Effect of bill of lading receipting for goods as in apparent good order and condition — Burden of proof: A bill of lading receipting for goods as shipped in apparent good order and condition is prima facie evidence that the goods were in good order at the time of shipment, and the burden of proof is then on the carrier to show that the goods were not in good order or were not properly packed when received or were damaged through some excepted peril.</p> <p>Loss or damage through excepted peril of the bill of lading — Burden of proof: Where loss or damage of goods is caused by one of the excepted perils of the bill of lading, the burden of proof is on the shipper to show negligence by the carrier.</p> <p>Inspection of goods at place of delivery — Bill of lading receipt: When condition of goods at place of delivery shows no evidence that they were improperly packed but rather that they were properly packed, this goes to the support of the prima facie evidence of the bill of lading receipt that they were received in apparent good order.</p> <p>Injury that would not have been likely to occur with proper care— Significance of: Where injury is such as would not have been likely to occur under proper care, it is reasonable evidence, in the absence of explanation by carriel-, that it arose through negligence.</p> <p>Special agreement limiting liability of carrier — Gross negligence: Special agreement limiting the liability of owner may not be pleaded as exempting him from responsibility for injury resulting from his negligence.</p> <p>External injury at place of delivery: External injury appearing on a package at place of delivery, relieves shipper from necessity of proving condition of package at place of shi