Lagomarsino v. Pacific Alaska Navigation Co.

Citations

• 100 Wash. 105
• 170 P. 368
• 1918 Wash. LEXIS 707

Syllabus

<p>Carriers—Loss of Goods—Liability. Where cargo unloaded upon a dock was so congested that the shipper was unable to move it on the following day and a fire burned the dock before it could be removed, the relation of carrier was not shifted to that of warehouseman, and the carrier was liable regardless of negligence.</p> <p>Same—Loss of Goods—Evidence—Question for Jury. Upon an issue as to whether cargo unloaded upon a dock was so congested that it could not be removed before a fire burned the dock, utterly conflicting testimony as fully establishing the location at one point as at another makes it a question for the jury.</p> <p>New Trial'—Verdict—Excessiveness. A new trial will not be granted for excessive damages for the loss of goods, where the verdict was reduced by the trial judge to the lowest value shown by the evidence.</p> <p>Evidence—Conclusion of Witnesses. Evidence that a witness did not remove goods from a dock “because he could not get at them” is not objectionable as a conclusion of the witness, where he detailed all the facts and the jury could draw its own conclusion as to whether they were capable of being removed.</p> <p>Carriers—Loss of Goods—Measure of Damages. Giving the measure of damages for the loss of goods by a carrier as the value at the place of shipment plus the freight paid, is more favorable to the shipper than to the carrier, who cannot complain thereof.</p> <p>Same — Loss of Goods — Contributory Negligence. Reasonable time for the removal of goods placed by a carrier upon a dock in such congestion that it could not be got at, is not a question of hours, but of opportunity afforded.</p> <p>Same—Loss of Goods—Instructions. Upon an issue as to a carrier’s liability for loss of goods through the burning of a dock before delivery was made, whether the carrier contributed in any manner to the burning of the dock is immaterial as a defense.</p> <p>Same. In an action against a carrier for the loss of goods before delivery, so congested up