Parker v. Washington Tug & Barge Co.

Citations

• 85 Wash. 575
• 148 P. 896
• 1915 Wash. LEXIS 863

Syllabus

<p>Appeal — Review—Waiver oe Error — Nonsuit. Error in tbe denial of a motion for nonsuit is waived, where defendant presents bis evidence, and tbe case will thereafter be reviewed on appeal upon the entire testimony.</p> <p>Appeal and Error — Review—Findings. Where there is substantial evidence to support the verdict, the finding of a jury upon a disputed question of fact will not be disturbed on appeal.</p> <p>Shipping — Contracts — Towage or Charter Party — Injury to Vessel — Liability. A contract of bailment for hire constituting a charter party, and not one of towage, is established by evidence showing that defendant was using its own tugs and barges to convey sand from plaintiff’s sand plant to contractors at V. who, becoming urgent for sand, contracted with plaintiff for the use of his scow for a certain voyage, to be loaded by plaintiff and then towed by defendant, and that plaintiff had nothing to do with the towing of the scow, but that the use of his scow for the particular trip mentioned was hired from him by the defendant; hence loss or damage to the scow is to be measured according to the law of bailment.</p> <p>Same — Negligence — Charterer — Burden oe Proof. Where a chartered scow broke away from her tow and was wrecked and was injured while in the exclusive possession of the bailee, the burden is upon it to show how the injury occurred and that it was free from negligence.</p> <p>Shipping — Injury to Scow —Instructions — Reasonable Care. In instructing the jury on the measure of defendant’s duty while in possession of a scow as bailee, the use of the term “responsible” in place of “reasonable,” as modifying “skill and care” was not prejudicial as tending to mislead the jury, where subsequently .in the same instruction it was said that the exercise of “reasonable care and caution and maritime skill” was all that was required.</p> <p>Shipping — Injury to Scow- — Instructions—Liability. In an action for damages to a scow while bailed to defendant, wher