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· 4/25/1908

North Yakima Brewing & Malting Co. v. Northern Pacific Railway Co.

Citations

  • 49 Wash. 375
  • 95 P. 486
  • 1908 Wash. LEXIS 587

Syllabus

<p>Carriers — Delivery—Liability for Goods Destroyed — Termination of Relations — Evidence—Sufficiency. A consignee had a reasonable opportunity to remove its goods, and the railroad company is, therefore, not liable as a common carrier for their loss, where it appears that the consignee in the forenoon called for beer containers, that had been received during the previous four days, and was told that the bills would be ready and it could have the goods at any time after noon of that day, that the consignee’s place of business was only four hundred feet from the warehouse where the goods were stored, and it had its own drays, but did not call that afternoon, because not suiting its convenience to do so, and without fault of the carrier, the warehouse and goods were destroyed by fire that night.</p>

Judges: Fullerton

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