Johnson v. Western Express Co.

Citations

• 107 Wash. 339
• 181 P. 693
• 1919 Wash. LEXIS 1014

Syllabus

<p>Carriers (32)—Of Goons—-Loss—Evidence—Admissibility. In an action against an express company for a lost trunk and contents, left at a hotel and four months later directed to be delivered to the initial carrier by the hotel, the plaintiffs’ evidence of the contents of the trunk at the time it was delivered to the hotel is inadmissible without proof that the trunk and contents delivered to the initial carrier was the same trunk and contents received by the hotel from the plaintiffs.</p> <p>Evidence (21) —Presumptions. A presumption can be legally indulged in only when the facts giving rise to it are proved by direct evidence, not when they rest upon a presumption.</p> <p>Pleading (50, 56)—Denials—Sufficiency—Admissions. The general issue as to the contents of a trunk is presented in an action to recover for a lost trunk and contents, alleged to have been delivered to the initial carrier by a hotel as agent of the plaintiffs, where the answer admitted the delivery and transportation of one trunk consigned by the hotel to the plaintiffs, and denied all other allegations of the complaint describing the trunk and its contents; nor does a cross-complaint for a balance due on transportation charges on the trunk “referred to in plaintiffs’ complaint,” admit the allegations descriptive of the trunk and its contents.</p> <p>Carriers (31, 32)—Oe Goods—Loss—Pleading and Evidence. In an action against an express company to recover for a lost trunk and contents, defendant’s answer admitting that it received a trunk for plaintiffs, does not preclude the granting of a nonsuit, where no evidence was introduced as to its value.</p>