King v. Northwest Wheel, Inc.
King v. Northwest Wheel, Inc.
Opinion of the Court
Louis King brought this action against Northwest Wheel, Inc., to recover damages for personal injuries.
The facts are undisputed. Northwest Wheel, as shipper, entered into a transportation contract with Kercheval as carrier. King, who owned and operated a 1970 Kenworth tractor and trailer, entered into a relationship with Ker-cheval whereby he would transport the commodities covered by the Northwest-Kercheval contract. The details of the King-Kercheval relationship are not involved in the indemnity action.
On July 18, 1970, King arrived in Spokane with commodities for the shipper, Northwest Wheel. King backed the truck up to Northwest’s loading dock and Northwest’s employee began unloading the commodities. A pallet with a bin on it was placed in the truck and King assisted Northwest’s employee in filling the bin with loose wheels. Northwest’s employee then got on a forklift to remove the pallet and instead of backing up drove ahead, injuring King who lost his left foot.
Northwest seeks to recover from Kercheval the amount paid to King for his injuries under the following provision in the Northwest-Kercheval contract:
It is further agreed that carrier [Kercheval] will indemnify shipper [Northwest] harmless from all costs, expenses, claims and damages arising from such transportation, including indemnity and property damage, cargo loss, public liability for injury to or death of persons or property.
(Italics ours.) Basically, Northwest contends that the word “transportation” as used in this indemnity provision includes unloading of the commodities and the trial court erred in holding to the contrary. We disagree.
The general rules applicable to the construction of contracts are summarized in Grant County Constructors
[T]he courts are in nearly universal agreement in construing written contracts that the primary purpose of a judicial interpretation is to ascertain the parties’ intentions, give effect to them and make the parties’ intentions controlling. . . . The intentions of the parties should be ascertained from the entire writings, and, if at all possible, all parts of the writings shall be construed so as to harmonize with one another. . . .
The most reliable clue to the parties’ intentions in a deliberately prepared and negotiated contract is the language of the contract. . . . When the intention of the parties is clear from the written instruments, the courts have nothing to construe and must be governed by the language. . . . Words will be given the meaning which best gives effect to the parties’ apparent intentions. . . .
Thus, it follows that the courts cannot and ought not make contracts for the parties and, assuredly, cannot make a contract for them which they did not make for themselves. . . . Courts should take care under the guise of interpretation not to rewrite the contract for the parties, or create a new one.
With respect to indemnity contracts, the court in Continental Cas. Co. v. Municipality of Metropolitan Seattle, 66 Wn.2d 831, 835, 405 P.2d 581 (1965), said:
In Union Pac. R.R. Co., [64 Wn.2d 486, 392 P.2d 450 (1964) ] supra, we approved the rule that: “. . . Contracts of indemnity, therefore, must receive a reasonable construction so as to carry out, rather than defeat, the purpose for which they were executed. To this end they should neither, on the one hand, be so narrowly or technically interpreted as to frustrate their obvious design, nor, on the other hand, so loosely or inarti-ñcially as to relieve the obligor from a liability within the scope or spirit of their terms.”
[T]he duties and obligations of the parties must be determined and measured by the language of the agreement.
Thus, the meaning of the word “transportation” must be determined from the language of the entire agreement.
Shipper hereby delivers to Carrier for transportation shipments of the commodities herein designated that are to be moved by motor vehicle between the points named herein, on which shipments he controls the routing, and to pay compensation to Carrier for such transportation as follows:
As set forth in Exhibit A attached hereto and made a part hereof.
(Italics ours.) Exhibit A, the tariff schedule, provides:
Rates named herein include not more than three pickups within the limits of each point of origin and only one delivery at point of destination. Such pick-up and delivery service will be made only from or to points directly accessible to carrier’s vehicle. Rates to NOT include loading or unloading of shipments to or from the vehicle.
(Italics ours.) It is evident that the rates agreed upon between Kercheval and Northwest did not cover unloading of the commodities from King’s truck. It follows that Ker-cheval had no duty under its contract to unload or assist Northwest in unloading the truck. To hold that the word “transportation” in the indemnity provision comprehends unloading would result in the imposition of an obligation upon Kercheval beyond the service paid for by Northwest under the tariff rate. Such a result would not be within the intention of the parties, derived from a reading of the contract as a whole and hardly within the principles of contract construction referred to above. Thus, we hold the trial court was correct when it entered conclusions of law that:
The transportation in the instant case terminated upon the driver’s facing the trailer in a position where the unloading operations could be taken over by the shipper.
and:
The use of the word “transportation” in the Indemnity Agreement is synonymous with the obligations imposed upon the carrier by the tariff agreement. Since the carrier was not required to unload, transportation in this case ceased when the truck was ready to be unloaded.
We do not agree with Northwest that because Kercheval held an interstate commerce carrier permit, the term “transportation,” as defined in 49 U.S.C. § 1(3) (1959) ,
The duty of unloading carload freight ordinarily rests with the shipper or consignee. . . . But it is a transportation service within the meaning of the Interstate Commerce Act. ... Its cost may be included in the line-haul tariffs or separately fixed or allowed as an additional charge.
While the definition of “transportation” under the Interstate Commerce Act is broad, it is clear that the parties to a transportation contract may provide for a more restricted definition. This the parties did in the transportation contract herein. Kercheval had no duty to unload and was not paid by Northwest to unload the truck.
Neither do we agree with the contention that as the commodities being unloaded were not yet out of the hands of the carrier, Kercheval, the goods had not been delivered and as such were still in the transportation process. The authorities cited in support of this contention are distinguishable in law or in fact from the present case.
McInturff, C.J., and Munson, J., concur.
49 U.S.C. § 1(3) provides: “The term ‘transportation’ as used in this chapter shall include ... all instrumentalities and facilities of shipment or carriage, . . . and all services in connection with the receipt, delivery, elevation, and transfer in transit, . . . and handling of property transported.”
Roy & Roy v. Griffin, 26 Wash. 106, 66 P. 120 (1901) (Shipping instructions directed defendant to load and ship. The court found delivery to carrier was delivery to the shipper-consignee, when defendant loaded the cars.); Normile v. Northern Pac. Ry., 36 Wash. 21, 77 P. 1087 (1904) (Delivery not completed until consignee was afforded a reasonable chance to remove the goods.); Dohrmann Hotel Supply Co. v. Owl Transfer & Storage Co., 19 Wn.2d 522, 143 P.2d 441, 149 A.L.R. 1108 (1943) (Delivery completed when the truck was presented at the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.