The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-04-25

to Paia. Held, that the exemption
from liability for loss by fire. is limited
to loss by fire occurring at sea, and
does not attach to the land route.
OPINION OF THE COURT BY BICKERToN, J.
This matter comes here on ques-
tions of law reserved in this and two
other cases, viz, E. o. Hall & Son
VS.. Wilder Steamship Company and
A. W. Van Valkenberg VS.. Wilder
Steamship Company and were GER
titled up by Judge Whiting,
First Judge of the Circuit
Court of the First Circuit. The re-
served question reads: SIS the ex-
emption from liability for loss by
fire provided for by the annexed
receipts, a. b and &C. or either of
them limited to a loss occurring at
sea, or does it attach to the whole
distance therein named?" Exhibit
B is the form of the receipt fled
in this case, and is as follows:
Honolulu, 14th July, 1891. Re
ceived from Gonsalves 4 Co., in ap-
parent good order except as noted,
on board Likilike the following
packages, contents unknown, to be
delivered at Paia, dangers of fire
and navigation or any other acct
dent or danger of the seas, rivers
or steam navigation, of whatsoever
kind or nature excepted, and with
the privilege of re-shipping on
steamboats, or barges." Marked Cps
in triangle.)
Then follows list of the pack
ages, and the receipt is signed
Kibling," The question in this
receipt is solely a question of con
struction, there being no evidence
to be considered. We have to take
the document and construe it.
There can be no question as to the
defendant company being carrier
by water; its name so indicates,
and the whole phraseology of the
receipt is applicable solely to marine
carriage and marine responsibility.
This form was undoubtedly intended
to be used only for and to cover
the water route. Is there one word
expressing an exemption from dan
gers by any land route? No alter
alton is made (which could undOubt-
eddy have been done) to cover the
land route
where common carriers by water
in their bill of lading made at
Toledo, Ohio, stipulated to deliver
goods to consignees at Concord, n.
H., the damages of navigation, fire,
collisions on the lakes and rivers
and the Welland canal excepted, it
was held that this limitation did
not extend to losses by fire on the
railroads." Barter vs.. Wheeler, 40
n. H., 10.
"The general words inserted in
maritime policy of insurance after
the enumeration of particular perils,
are as follows: And of all perils, |
losses and misfortunes that have or
shall come to the hurt, detriment or
damage of said goods aud merchan
disc and ship, etc, or any part there
Of
"These words it has been observed, !
must be considered IS introduced !
into the policy in furtherance of the
object of marine insurance.
They are entitled to be considered as
material and operative words, and to |
have the due effect assigned to them
in the construction of this instru-
ment. = The meaning of the |
general words may be ascertained by |
referring to the preceding special |
words" Broom's Legal Maxims,
p. 1856.
General words of exemption when |
used after designation of specific
exemptions and risks, will be pre-
sumed to include only those of a
similar character unless a different /
intention is manifest" Hawkins ct
al. vs. Great Western r. r. Co., II |
Mich, Sc.
The words in receipt "any other
accident or dangers of the seas" can
only mean that the dangers previ
ously enumerated are Of the same i
kind; no other construction is logi- ]
cal The obvious meaning of this
receipt is, that exemptions contained
in it were limited to the sea route.
We are of the opinion that the ex-
emption from liability for loss by
fire provided for in the receipt before
us, is limited to a loss occurring at
sea, and does not attach to the whole
distance or to the land route. There
is stipulation made and fled by
counsel in this case, that if the ex-
emption is held to be limited to a
marine loss, judgment shall be enter
ed for the plaintiff.
Judgment may be entered accord
iDgly for the plaintiff.
A. s. Hartwell for plaintiff; F. III.
Hatch for defendant.
Honolulu, April 18th, 1893. J