Normile v. Northern Pacific Railway Co.

Citations

• 36 Wash. 21
• 67 L.R.A. 271
• 77 P. 1087
• 1904 Wash. LEXIS 508

Syllabus

<p>Carriers — Freight—Delivery—Flag Stations Without Any Agent — Shipment on Open Car — Loss of Goods. A railroad company is liable to the consignee for failure to safely deliver goods lost after the arrival of the car at its destination, where it appears that a donkey engine with tools and cables were shipped on a flat car to F, a flag station on defendant’s line, where the defendant had a warehouse but no agent, that a postal card notice was mailed to the consignee at F upon arrival of the freight, and the consignee immediately prepared to unload the car, but was unable to do so until the next day, when it was found that the tools and cables, weighing about 1,500 pounds, were missing; since the consignee was not afforded a reasonable opportunity to remove the goods prior to their loss, and the company was bound, both as carrier and warehouseman, to properly care for the goods upon their arrival.</p> <p>Same — Laches of Consignee. In such a case the consignee cannot be held guilty of laches in not unloading the car on the 17th day of December when he learned at four o’clock the day before that such a car had arrived at F and his bookkeeper spent the morning of the 17th in ascertaining about the car and in securing a suitable dray, which was not obtained in time to unload that day, and the car was unloaded on the next day.</p> <p>Carriers — Delivery — Reasonable Time — Question of Law. Where there is no dispute as to the material facts, the question as to the reasonable time for the removal of goods shipped is one of law for the court.</p>