The Pacific commercial advertiser., 1893-04-24

This matter comes here on ques-
tious of law reserved in this and two
other cases, viz, E. D. Hall u Son
VS.. Wilder Steamship Company and
A. W. Van Valkenberg VS. Wilder
Steamship Company and We're GER
tilted up By Judge Whiting,
First Judge of the Circuit
Court of the First Circuit. The re-
served question reads: as the ex-
emption from liability for loss by
fire provided for by the annexed
receipts, A 'B' and c. or either or
them limited to a loss occurring az
ses. or does is attach TO the whole
distance therein ramedf Exhlolt
b is the form Of the receipt nled
IN this case, and is as follows:
Honolulu. 14th July, 1881. he
ceiyed from Golsslves Il Co., IN ap-
parent good order except as noted,
on board Likilike the following
paeksves, contents unknown, TO be
delivered at Psis, dangers OF tlre
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-shlpplng o1
steamboats, or barges." Marked lPo
in q triangle.l
Then follows list of the pack-
AGES, and the receipt is signed
- KILLING The question IN this
receipt is solely q question OF con
struction. there being no evidence
10 be considered We have TO take
the document and construe 1t.
There can be no question as TO the
defendant company being q carrier
by water; its name so Indicates,
and the whole phraseology OF the
receipt is applicable solely to marine
csrrisSe and marine responsibility
This form was undoubtedly intended
Go 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 aiade (which could undoobe-
edly have been douel TO cover th'
land route.
Where common carriers by waite
In their bill OF lading made 8
Toledo. Ohio, stipulated to dellye
goods 30 eonsignees at Concord. \
a., the damages Of navigation, hrs
collisions on tee lakes and river
and the wellana canal excepted.
was held that ahis limitation di
not extend TO kgsses by FIRE on th
railroads. Barter Us. Wheeler, 4
n. Il. 10.
1.-The general words inserted IN
maritime policy OF Insurance. aft,
the enumeration Of particular peril
are as follows: And Of all peril
losses and misfortunes that have
shall come TO the hurt, detriment
damage OF said goods aud mercha
disc and ship. etc., or any part, ,ther
CT
These words it has been observe
must be considered as introduce
into the policy IN furthersnce OF 6
object OF marine insurance.
They are entitled Co be considered
material and operative words, and
have the due effect assigned to tbs
In the construction Of this inst,
ment. The meaning of
general words may be sscertained
referring to the preceding spec
words Brooms Legal MaxlI
.. ST5-e.
sAGenersl words Of exemption WI
used after s designation OF spec
exemptions and risks. viii be z
snmed TO include only those o
similar character unless 3 differ
intention Is manifest Hawkins
81. vs.. Great Western e. e. Co..
Mich, SO.
The words IN q receipt ANY &C
secsdent or dangers OF the seas Z
only mean that the dangers Er'
ously enumerated are of the ss
kind; no other construction Is 1
cal. The obvious meaning or
receipt is, that exemptions contai
In it were limited TO the sea route
We are OF the opinion thss the
emptioa from liability for loss
IRE provided for IN the receipt be
Us, Is limited 10 s loss occurring
SEA, and does not sttsch TO the vi
Distance or 50 the land route. II
is stipulation mSde Snd fled
counsel IN this case, that II the
emption IS held 10 be limited
msrine loSs> Judgment shall be az
ed for the plaintiff.
Judgment may be entered scc
ingiy for the plsintif
4. s. Hsrtwen for Plaintiff I
Hatch for defendant.
Honolulu. April lTth. 1888.
Skaxt Sermons.
Agitation In favor Of 6Ssen-