Parker-Bell Lumber Co. v. Great Northern Ry. Co.

• Decision Date: 20 June 1912
• Citation: 124 P. 389,69 Wash. 123
• Parties: PARKER-BELL LUMBER CO. v. GREAT NORTHERN RY. CO.
• Court: Washington Supreme Court

124 P. 389

69 Wash. 123

PARKER-BELL LUMBER CO. v. GREAT NORTHERN RY. CO.

Supreme Court of Washington

June 20, 1912

Department 2. Appeal from Superior Court, King County; King Dykeman Judge.

Action by the Parker-Bell Lumber Company against the Great Northern Railway Company. From a judgment for defendant, plaintiff appeals. Affirmed.

Walter Metzenbaum and Walter Schaffner, for appellant.

F. V Brown and F. G. Dorety, both of Seattle, for respondent.

MORRIS J.

Action for damages to a shipment of shingles. The facts, except the damage to the thingles, are all admitted, and are as follows On September 10, 1907, appellant delivered to respondent a car load of shingles for shipment from Sisco, Wash., to Kankakee, Ill. Respondent issued its bill of lading for the shingles, and routed them over its own line of railway, and the lines of the Chicago, Burlington & Quincy Railroad Company, Indiana, Illinois & Iowa Railroad Company, and the Chicago, Indiana & Southern Railroad Company, which lines form together a continuous line of railway from Sisco, Wash to Kankakee, Ill. The respondent carried the shingles in an ordinary box car to the Minnesota Transfer station, and there delivered them to the Chicago, Burlington & Quincy Railroad Company, which road without the knowledge of appellant transferred the shingles from the box car in which it had received them to two open gondola cars, and forwarded the cars over its own and connecting lines to Kankakee, Ill. After the transfer of the shingles to the Chicago, Burlington & Quincy Railroad Company, and before the arrival of the cars at Kankakee, appellant sold the shingles to the W. L. Scott Lumber Company, Norwich, N. Y., which, in turn, sold them to Steenland Bros., Palisades Park, N. J., and the appellant, without notice to respondent, instructed the Chicago, Indiana & Southern Railroad Company, the final connecting carrier named in the bill of lading and over whose line the cars would arrive at Kankakee, to divert them to Palisades Park, N. J. The Chicago, Indiana & Southern Railroad Company, upon receiving such instructions from appellant, issued a new bill of lading, reciting the shipment of these two cars of shingles from appellant at Kankakee to Palisades Park, N. J., and forwarded them over a new line of connecting carriers to their destination. The shingles arrived at Palisades Park, November 14th, where acceptance was refused by the consignee, claiming the shingles were wet and damaged. The shingles were held by the Erie Railroad Company, over whose line they arrived at Palisades Park, until August, pending a settlement of the claim of damage, when they were sold at public auction for $643.90. Appellant then brought this action, alleging the value f the shingles at $768.70, their arrival at Palisades Park in a condition wholly worthless, and demanding a recovery against respondent as the initial carrier. Having failed of recovery in the lower ourt, it appeals.

Upon these facts we fail to comprehend upon what theory appellant can recover against respondent. Under its bill of lading respondent contracted to safely carry and deliver the shingles at Kankakee, Ill. Respondent assumed no other nor further obligation. There is no evidence in the case of, nor does appellant attempt to show, the arrival of the shingles at Kankakee in a damaged condition. ...