Smith v. North American Transportation & Trading Co.

The opinion of the court was delivered by

Dunbar, J.

The respondent sued the appellant, the Forth American Transportation & Trading Company, alleging an agreement by the defendant to take him from Seattle to Dawson by September 15, 1897, by way of St. Michael and the Yukon river. When the steamer Cleveland, on which he took passage, arrived at Ft. Yukon, it proceeded no further. It was claimed by defendant’s officers that it could not proceed further by reason of low water, and the respondent was returned by the company to St. Michael, from whence, at his own expense, he returned to Seattle,…