Carstens v. Alaska Steamship Co.
Carstens v. Alaska Steamship Co.
Opinion of the Court
The defendant is engaged in the operation of a line of steamboats, between the city of Seattle and Skagway, and other points in the district of Alaska. On the 6th day of March, 1899, the plaintiffs shipped certain quantities of meat from the city of Seattle, by the steamer “Dirigo,” operated by the defendant, a part of which was consigned to Frye-Bruhn & Co., at Skagway, and the remainder to one Birkmeir, at Haines Mission. The meats were thrown overboard and abandoned, in the waters of Stephens pass, and this action was brought to recover dam
In support of its appeal, the appellant claims, (1) that the steamer by which the goods were shipped became stranded on Midway island, in Stephens pass, and the meats in controversy were thrown overboard from necessity to save the ship; (2) that the respondents, as consignors, showed no right to maintain this action; (3) that the court allowed a recovery for the market value of the goods at the city of Seattle, instead of at the point of destination; and (4) that the court erred in denying the motion for a new trial. The respondents 'contend that the first three assignments are not open to review in this court, for the reason that there are no exceptions to the findings of fact. This contention is well founded, and we can only consider the sufficiency of the findings to sustain the judgment. Rice v. Stevens, 9 Wash. 298, 37 Pac. 440, and many subsequent cases in this court.
The affidavit in support of the motion for a new trial is not embodied in a statement of facts or bill of exceptions, and is not therefore properly before us. In any event, the affidavit, which appears in the transcript, fails to show that the evidence was newly discovered, or of such a character, as to warrant the granting of a new trial. Inasmuch as the findings of fact sustain the judgment of the court, the judgment must be affirmed, and it is so ordered.
Reference
- Full Case Name
- Thomas Carstens v. Alaska Steamship Company
- Cited By
- 1 case
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- Published
- Syllabus
- Appeal and Error—Review—Findings Not Excepted to. Where the findings in an action at law tried without a jury are not excepted to, the evidence will not be reviewed on appeal. Same — Statement oe Facts —• Affidavits on Motion for New Trial. The denial of a new trial will not be disturbed on appeal when the affidavit in support of the motion is not brought up in a statement of facts. Carriers—Loss of Goods—Jettison—Action by Consignor. In an action by a consignor for the loss of goods jettisoned at sea, findings to the effect that the plaintiff was the consignor of the goods, stating their value, that defendant received the goods as a carrier, agreeing to deliver them to the consignees, and that defendant threw the goods overboard into the sea to’ the plaintiff’s damage in a specified sum, are sufficient to sustain conclusions of law and a judgment establishing defendant’s liability for the loss.