Revilla Fish Products Co. v. American-Hawaiian Steamship Co.

Citations

• 77 Wash. 49
• 137 P. 337
• 1913 Wash. LEXIS 1894

Syllabus

<p>Trial — Instructions—Confusing Instructions. Instructions are so confusing and misleading as to require a reversal, where the jury were told that a certain fact does “not” prevent recovery, the instruction was then reread, leaving out the word not, giving a contrary meaning, the instructions were read to the jury as the law, and part of them denied, followed by a colloquy with counsel as to whether they correctly stated the law and this course followed throughout,' from which the jury could get no clear idea; especially where other instructions gave contradictory rules.</p> <p>Carriers — Contract—Action for Breach — Defenses. A shipper of oil cannot recover for loss occasioned by reason of shipping in improper retainers; not because of any contributory negligence, but because such exception abrogates the common law liability of the carrier.</p> <p>Carriers — Contracts—Bill of Lading — Acceptance — Effect— Modification of Contract. Where a bill of lading is requested and sent to the shipper after the shipment has started, for the purpose of attaching it to a draft on a sale of the goods “against document,” the shipper has a right to assume that it will contain no stipulations other than those agreed upon; hence the shipper would not be bound by unauthorized limitations in the bill, unless, in addition to the receipt of the bill, the shipper actually consented thereto by receiving and accepting the bill as a modification of 'the contract.</p>