The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-06-01
b, s. Supreme Court So Holds in
Morrison vs.. N. A. T. & T. Go.
s,JL,No AFFECTS MANY CASES
~s~Aest Court Declares Transporta-
tson Companies Cannot He MuIct-
"a for Damages on Allegations
That Passengers Could Have Oh
tsined Employment mt High
wages II Landed I'm Dawson.

Word was received in this city yester-
z.v that the United States supreme court
MAJ handed down a decision In the case
n Morrison W. North American Transpor-
tsfIon and Trading Company, which es-
tablishes a precedent for subsequent liti-
fstion in determining the damages which
Z plaiutin may recover In an action where
n IA alleged a large proportion of the
1amages claimed arise out of the plain
sIns inability to obtain employment at
MN wages in Consequence of defendants
allure TO land him at Dawson and other
Alaska points before the close OF navi-
ration on the Yukon.
The supreme court holds that the de-
fendant cannot be held liable for the
amount of wages which plaintiff claims
10 have been able to earn. on account OF
tbetr speculative value, and nonsuits the
esse on these grounds.
M class of cases have attracted more
attention In the local courts, both state
and federal, than a great number of suits
brought In the last three years against
ne North American Transportation and
Trading Company by passengers who left
mere on the Cleveland and Portland for
Dawson In 1897, just after the arrival of
the latter ship. with great treasure, had
Announced to the world the wealth OF the
Klondke The passengers were carried
10 Fort Yukon. about four hundred miles
nounced its inability to carry them far
Their BY reason of low water. Upon this
some returned to Seattle. others went on
At their own expense to Dawson, and
still more wintered along the river. Many
yerdicts have been rendered against the
company, generally In moderate amounts.
but the greatest uncertainty appears TO
have prevailed In the local bar as to what
extent OF damages could be recovered.
The question has been whether the courts
could take into account, for compensa-
-
al Dawson. The seriousness of such an
Item IN apparent In view of the high rate
Of wages which prevailed ut that place.
Frederick Bausman counsel for the
Trading Company. has just received a
copy OF the opinion on this question hand
- down by the supreme court OF the
Morrison the plaintiff. recovered judg-
nent against that company In
the circuit court of the United
States at Seattle for s2.lie.5o. The com
federal court on the ground that plain
TINS own complaint showed that while
he claimed more than $2,ooo. the amount
necessary to "a suit I'm that court. he
could not be allowed to recover that
amount because OF its speculative charac-
Ter. Upon this point, with some others
purely technical. the case went TO the
United states supreme court which says.
through Justice Shiras:
t"It was not alleged that any of these
passengers had ever lived In Dawson be-
fore. had any previous engagement or
business there or any promise OF employ
ment, the allegation AS TO the passen-
GERS damages In this respect being that
he could have obtained employment and
engaged In business by him competent
70 perform and transact at or about said
Dawson city, and thereby secured wages
and profits at the rate OF fifteen dollars
\ day continuously from September Is.
~, FOR the period OF the year thence
next ensuing, and that he has wholly
lost all of said employment and time and
all Of said wages and profits TO his dam
ages IN the sum of $1,000 II was not
alleged what, II any. occupation plaintiff
had before departure on the journey, nor
was II alleged what occupation was cx-
pected ut the point OF destination, or that
any expected occupation was communi-
Gated TO the defendant"
After thus stating tho case the court
unanimously agrees that the defendant
company cannot he held for the amount
VI wages or profits which the plaintiff
suggests he might have earned had he
reached Dawson city. The plaintiff was
travelling 60 a land OF promise. hoping
TO- there procure some occupation. he
knew not what, or tn engage I'm some
business. he knew not what. The result
OF such an adventure cannot be forotold.
and the plaintiffs anticipations afford
no safe ground on which To base claim
for damages"
The Judgment against the company Is
decreed 10 he set aside, The case IL said
20 establish a precedent much desired by
hryT carriers In the Alaskan trade.