The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-05-10

OPINION OF THE COURT By COOPER, J.
This Is one OF three cases which
came before this Court on questions
reserved by Circuit Judge Whiting.
This case differs In several respects
from the others, and for that reason
is considered separately.
The question reserved is as follows:
Is the exemption from liability for
loss by fire provided for by the an
nexed receipt, marked Exhibit "a"
limited to less occurring at sea, or
does it attach to the whole distance
therein named?
Exhibit "a" is as follows:
Honolulu, July IA, 1891.
Received from Hall & Son in ap-
parent good order on board the
Iikelike the following packages, con-
tents unknown, to be delivered In
like good order at -, dangers
from fire, explosion, collision, acct
dent and damages of the sea excepted.
It is expressly understood and
agreed that the >. :. d. company IS
not accountable for unavoidable de-
lay or detention; that said goods may
be landed at any time during the
voyage out or return, or SO soon
thereafter as practicable; and that
said goods shall be considered as de-
livered to the consignee when placed
on the wharf or landing above men
toned, and the risk of said company
thereby terminated.
Live stock, all perishable goods,
glass, crockery, Or articles contained
in glass or crockery, castings. or any
article of fragile nature, taken only
a. risk of shipper, owner or con-
signee, and will not be responsible
for moneys or Jewels unless placed in
charge of the freight clerk.
TY Makswao 10 cs. oil $50
2bd. buckets LOO
NJ Tin diamond) Waihee bd.
DiDes 30
= p Paia pillow 48
1 cs mdse Is
(Sig.) G. APANA.
Such instruments are both receipts
and contracts. So far as they &C
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 122.
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
a sufficient memorandum to 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 Paia, Makawso and
Waihee are inland points, and con-
sequantly 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
it not for a clause which follows in
the bill of lading where it is agreed
"that said goods shall be considered
as delivered to consignee when
placed on the wharf or landing
above mentioned, and the risk of
said company thereby terminated"
it might well be considered as ex-
tending the exemption over both the
land and sea route. No evidence
comes before Us and it deyolves upon
the Court to construe the document
as it stands unaided by custom or
usage. Webster defines the word
landing as ga place for going or set
ting on Shore" and wharf "as a
perpendicular bank or mound of
timber or stone and earth raised on
the shore of q harbor or river" In
interpreting written instruments we
must presume that words have been
used in their natural and 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 peculiarities.
.. Upon reading the bill of lading as
q whole it is evident that it was orig
inally intended to provide against
marine loss.
The acceptance OF goods directed
to place beyond the terminus of de
PENDANTS route and to an inland
point, and the noting of the memoir
andum Of tile marks and destination
was an attempt to change the form
form OF the bill of lading, and it was
within the power of the defendant IL
so change its tenor that the exemp