Rothchild Bros. v. Northern Pacific Railway Co.

Citations

• 68 Wash. 527
• 123 P. 1011
• 1912 Wash. LEXIS 1326

Syllabus

<p>Carriers — Of Goods — Delivery—Loss of Goods — Fire. Where a car load of spirits, received with one of the containers in a broken condition, was spotted on the railway company’s delivery tracks, the bill of lading surrendered, and notice given of the broken condition of the contents, and the consignee’s agent reached the car with teams, broke the seal and entered the car, whereupon it almost immediately. broke into flames and was consumed, there was an actual delivery and acceptance of the car before the fire.</p> <p>Same — Proximate Cause of Loss — Waiver. In such a case, the right to insist upon a delivery in safe condition is waived by the consignee by attempting to remove the goods in their unsafe condition after notice thereof; and the railway company is not liable for its loss, regardless of its negligence in forwarding the goods in a dangerous condition or in failing to remedy the defect oh receipt of the car, as such negligence cannot be the proximate cause of the loss.</p> <p>Same — Delivery of Goods — Agent of Consignee. A transfer company, appointed by a consignee to receive' its property from a railway company, is the agent of the consignee, and notice to it of the dangerous condition of goods is notice to the consignee.</p>