Wheeler v. North American Transportation & Trading Co.

The specifications of error in these cases relate only to the charge- to the jury and a refusal to strike portions of the complaint. The eases are in all essential respects similar to that of Smith v. North American Transportation & Trading Co., 20 Wash. 580 (56 Pac. 372), which was decided by this court February 23, 1899. In addition, however, to the questions raised and decided in that case, there are two assignments in the present case which may be referred to. The first relates to certain language used by the court in its charge in regard to the defense of “the act of God,” which was…