Pow Kee v. Wilder Steamship Co.

Opinion of the Court, by

Frear, J.

This is an action on the case for non delivery of goods shipped at Honolulu on a steamer belonging to the defendant, a common carrier, to be delivered to the plaintiff at Paia, Maui. The goods were destroyed by fire upon the night of their arrival at Kahului, the terminus of the sea route, while in defendant’s warehouse and awaiting forwarding by rail to Paia the next day. The bill of lading is in. substantially the same form as that set forth in the case of *58E. O. Hall & Son against the same defendant, but the trial proceeded on the theory that the exemption…