Moran Bros. v. Northern Pacific Railroad

Citations

• 19 Wash. 266
• 53 P. 49
• 1898 Wash. LEXIS 358

Syllabus

<p>APPEAL — OBJECTIONS NOT RAISED BELOW — CARRIERS OF GOODS — ' TENDER OF CHARGES — REPLEVIN.</p> <p>'An objection that the pleadings do not show that a tender was kept good cannot be raised for the first time on appeal.</p> <p>Where the carrier demands a sum in excess of the sum due • for freight charges, the consignee need not tender any sum before bringing suit to recover the goods.</p> <p>If a carrier has negligently delayed delivery of goods, or otherwise subjected itself to liability for damages in respect to the property carried, equal to or greater than the amount of the freight, the consignee may maintain replevin without a tender, and the claim for freight and the claim for damages may be adjudicated in the replevin suit.</p>