Yorke v. Pickwick Stages System

SPENCE, J.

This is an appeal by defendant Piekwiclc Stages System, a corporation, from a judgment in favor of plaintiff in an action to recover the value of two trunks.

The evidence .shows that plaintiff purchased a ticket from defendant’s agent in Vancouver, British Columbia, for transportation as a passenger over various autostage companies’ lines from Vancouver to San Francisco. A portion of the trip in the state of California was over the line of defendant Pickwick Stages System. Upon purchasing her ticket a few days prior to departure, plaintiff discussed with defendant’s agent the subject of transportation of her trunks. It appears that the stage companies carry baggage, including trunks, when accommodations will permit, but reserve the right to reject any baggage over 60 pounds in weight and charge excess on any baggage over 150 pounds in weight. Because of anticipated inconvenience at the international boundary or some other reason, plaintiff did not ask to have these trunks transported as baggage by autostage, but discussed sending them either by express or by steamship. During the discussion defendant’s agent communicated with the Pacific Steamship Company which operated vessels including the passenger ship ‘'‘Ruth Alexander” and the freighter “Boobyalla”. The agent also communicated with the Vancouver Transfer Company and advised plaintiff of the approximate total cost of such transportation, including the transfer company’s charges and the steamship company’s charges. There is a conflict in the testimony regarding part of the conversation. Plaintiff testified that defendant’s agent, after having communicated with the steamship company, stated that the trunks would be transported on the “Ruth Alexander”. The agent testified that no particular vessel was mentioned in the conversation. Plaintiff decided to send the trunks by steamship and defendant’s agent made arrangements to have the transfer company call for plaintiff’s trunks for the purpose of conveying them to the steamship company. Plaintiff delivered her trunks to the transfer company whose representative prepaid the charges and obtained a bill of lading from the Pacific Steamship

[568]

Company in which the transfer company was named as the shipper and plaintiff was named as the consignee. This bill of lading, with a statement thereon of the total charges of $5.45, including those of the transfer company and the steamship company, was delivered to defendant’s agent, who in turn delivered it to plaintiff prior to her departure from Vancouver. Plaintiff accepted the bill of lading and paid the $5.45 to defendant’s agent, who turned over this entire sum to the transfer company. The bill of lading of the Pacific Steamship Company made no mention of any particular vessel. The trunks were transported by the steamship company on the freighter “Boobyalla”, which vessel burned at sea and the trunks were lost or destroyed.