The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-05-16

Is considered separately.
The question reserved is as follows
Is the exemption from liability fol
less by fire provided for by the an
nexed receipt. marked Exhibit "A.
limited to a loss occurring at sea, Of
does il attach to the whole distance
therein named
Exhibit a Is as follows:
Honolulu, July II, 1891.
Received from Hall & Son in ap
parent good order on board the
Likelike the following packages, con.
tents unknown, to be delivered il
like good order at 1900, dangers
from fire, explosion, collision, acct
dent and damages Of the sea excepted
1t Is expressly understood and
agreed that the . company Is
not accountable for unavoidable de.
lay or detention: that said goods may
be landed al any time during the
voyage out or return, or so soon
thereafter as practicable; and that
said goods shall be considered as de-
hvered to the consignee when placed
on the wharf or landing above men
toned. and the risk of said company
thereby terminated.
Live stock, all perishsble goods,
glass, crockery, or articles contained
in glass or crockery, castings, or any
article of fragile nature, taken only
at risk of shipper. owner or con-
signee. and will not be responsible
for moneys or jewels unless placed;in
charge Of the freight clerk.
7 Y Makawao 10 cs. oil $50
IBID. buckets LOO
NJ I'm diamond) Waihee l bd.
pines 80
z p Pais l pillow rs -
cs. mdse %
(Sig.l c. APANA.
Such instruments are both receipts
and contracts. So far as they ac-
knowledge the delivery and accept
ance Of the goods they are mere re
ceipts. As to the rest they are
contracts. Hutchinson on Carriers,
Section Id
1t will be noticed that the name OF
the place to which the goods were
to be carried was not marked
in the blank space left for
that purpose. but the marks
and destination OF the goods were
noted at the foot Of the bill of lading.
Without considering whether this is
q sufficient memorandum 10 hold the
defendant liable for loss beyond its
own route, we think it does show the
place to which the goods were in
tended TO be conveyed, as well as If
inserted in the space above.
The Court takes judicial notice of
the fact that Psia, Makswao and
Waihee are inland points, and con-
sequently not reached by defendants
steamers.
Dangers from fire. explosion, COLI
sion. and accident, might exist on
the land as well as the sea. and were
II not for clause which follows In.
the bill of lsding where it Is agreed
s'that said goods shall be considered
IS delivered to consignee when
placed on the wharf or landing
above mentioned. and the risk Of
said company thereby terminated"
il might well be considered as ex
tending the exemption over both the
land and sea route. No evidence
comes before Us and it devolves upon
the Court to construe the document
as il stands unaided by custom or
usage. Webster defines the word
landing as "a place for going or set
ting on shore, and wharf las g
perpendicular bank or mound Of
timber or stone and earth raised on
the shore Of a harbor or river" In
interpreting written instruments we
must presume that words have been
used IN their natural aud ordinary
meaning unless clear intention to
use them IN another sense can be
gathered from the entire instrument.
Aside from the establishment Of gen
eral principles but little aid can be
derived from decided causes IN deter
mining the construction OF docu-
ments, as nearly every case has its
individual pecUlisrities.
Upon reading the bill of lading as
q whole Il is evident that it was orig
inally intended to provide against
marine loss.
The acceptance Of goods directed
to a place beyond the terminus of de
fendsnt's route and 10 an inland
point. and the noting of the memor-
sndurn OF the marks and destination
was an attempt TO change the form
Of the bin Of ladiDg, and It was
within the power Of the defendant 20
so change its tenor that the eEemp-
lions should apply TO the land as
vel as the sss route
We are OF the opinion that It Is ID