Vittucci Co. v. Canadian Pacific Railway Co.

Citations

• 102 Wash. 686

Syllabus

<p>Carriers—Of Goods—Contracts—Illegality—Pleading—Affirmative Defense. In an action against a carrier for breach of its contract to expedite a shipment of merchandise, salable only at a limited season, the illegality of the contract as giving special privileges in violation of tariff rules and regulations cannot be raised where it was not specially pleaded as a defense.</p> <p>Same—Special Contract—Breach—Pleading — Complaint —• Objections. In an-action against a carrier for breach of a contract to deliver goods at a certain destination within a specified time, in which the complaint set out, and the trial proceeded on the theory of, a special oral contract, objection cannot be made to some confusion in the language of the complaint, where no motion was made to strike or require an election.</p> <p>Same—Special Contract—Breach—Time of Delivery—Defenses -—-Diligence. In such an action, it is no defense that the goods were transported with reasonable diligence.</p> <p>Same — Special Contract—-Bill of Lading — Changing Terms After Shipment—Acceptance—Effect. Where a carrier by special oral contract to expedite a shipment of goods, agreed to deliver the same at a certain destination within a specified time, and pursuant thereto took entire charge of the shipment, it cannot afterwards, without consent of the shipper, issue a bill of lading containing different terms as the terms of the agreement; and the shipper, accepting the bill of lading after the goods have been shipped and it is too late for him to recede, will not be bound by the terms of the bill of lading.</p> <p>Evidence—Declarations of Party—Letters. In an action against a carrier for breach of a special contract to deliver goods at a certain destination within a specified time, letters written by the plaintiff to defendant are not inadmissible as self-serving declarations where they contained no reference to the contract, merely expressing anxiety to get the goods in time, a payment of charges under protest,