50 Md. 4 | Md. | 1878
delivered the opinion of the Court.
The appellant, a Maryland corporation, engaged in carrying passengers and freight between Boston and Baltimore, was sued by the appellee, for damage to certain b&olrs which had been brought to the latter city in one of the company’s steamships. The declaration charges that the defendant agreed to carry said goods from Boston to Baltimore, and safely keep them in Baltimore until it delivered them to the plaintiff, but did not so safely keep the same, but carelessly and negligently permitted said goods while in its possession, to be greatly damaged and injured by water, when it might by reasonable and ordinary care and diligence have prevented such damage and injury.' The defendant pleaded that it did not commit the wrong and injury alleged, and the case was tried before a jury upon issue joined on that plea.
The proof shows that the books packed in boxes were shipped at Boston, on the 9th of September, 1876, under a bill of lading, which stated that “freight carried by this company must be removed from the wharf at Boston and Baltimore, during business hours on the day of its discharge, or it is liable to be stored at the risk and expense of the owner; all merchandise at the owner’s risk while on the wharf.”
The books arrived safely in Baltimore on the 12th of September, and were put on the company’s wharf in the place set apart for Boston freight, where they remained until the 18th of that month. On the day of their arrival, the company addressed and mailed á letter to the plaintiff, giving him notice that the goods were ready for delivery, and stating that they “must be removed within twelve hours, or they will be stored at your risk and ex
As to the law of this instruction, there can, we think, he no well founded objection. ' In our opinion it correctly interprets the contract between the parties, and correctly states the obligations which the law imposed upon the defendant after the goods had been transported. This, in fact, was not seriously controverted in argument by the appellant’s counsel, hut he insists that under the circumstances of the case, there was no negligence on the part of the appellant, and the Court ought to have so instructed the jury. This question is not raised by an exception to the instruction under rules 4 and 5, (29 Md, 2,) that there was no evidence from which the jury could find that the defendant did not exercise such reasonable care as the instruction defines, hut it is argued that it is properly raised by the Court’s refusal to grant some of the defendant’s prayers. Each of these prayers on the part of the defendant denies the right of recovery upon the finding by the jury of certain facts therein enumerated. To sustain a prayer of this character there must, not only he proof to support its hypothesis, hut the facts stated must of themselves constitute a complete bar to the action, notwithstanding the truth of all other facts in the cause and all inferences fairly deducible therefrom. Now the facts stated in these prayers, (apart from the secure construction, covering and protection of the wharf, rendering it in that respect a fit and safe place for the storage of goods, and the employment of a careful and competent watchman to guard and protect the shed and its contents,) are, that before this day no part of this shed or wharf had been
The rulings of the Court upon the other instructions asked by the defendant, and in granting the plaintiff’s sixth prayer, are so obviously correct as not to require further notice.
Judgment affirmed.