Tan Chiong Sian vs. Inchausti & Co.

February 3, 2019 | Author: Krizzia Camille R. Gojar | Category: Shipwrecks, Damages, Negligence, Port, Anchor
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Tan Chiong Sian vs. Inchausti & Co. [No. 6092. March 8, 1912.] Note: Note: Sorry Sorry mahaba mahaba digest, digest, magulo and mahaba mahaba ung case & tried tried to include include everything as much as possible since matanong siya lately. Please see full text if  rd may time. Cited articles at the 3  page. i!!y




#n November November $%, "'(, "'(, )nchausti & Co. received received in *anila *anila from the Chinaman, #ng +ieng Sip, shipper- $'% bundles, bales or cases of  goods goods to be conveye conveyed d by the steamer Sorsogon to the port port of  ubat, Province of Sorsogon, /here they /ere to be transshipped to another vessel vessel belonging to the defendant defendant company and by by the latter latter transport transported ed to the pueblo of Catarman Catarman,, )sland )sland of Samar, there there to be delive delivere red d to the Chinese Chinese shippe shipperr /ith /ith /hom /hom the defendant party made the shipping contract. 0o this end three bills of lading lading /ere execut executed, ed, Nos. Nos. 3(, 3, and 12. 0he steame steamerr Sorsogon, /hich carried the goods, arrived at the port of ubat on the the $(th $(th of that that month month and and as the lorcha Pilar, Pilar , to /hich /hich the the mercha merchand ndise ise /as to be transs transship hippe ped d for its transp transport ortati ation on to Catarman, /as not yet there, the cargo /as unloaded and stored in the defendant companys /arehouses at that port. Several Several days later, later, the lorcha lorcha 4ust mentione mentioned d arrived arrived at ubat and, and, after after the cargo it carried carried had been unloaded, unloaded, the merchandi merchandise se belonging belonging to the Chinaman, Chinaman, #ng +ieng Sip, together together /ith other goods o/ned by the defendant )nchausti & Co., /as ta5en aboard to be transported to Catarman6 but on 7ecember %, "'(, before the Pilar could leave for its destination, to/ed by the launch 0exas, 0exas, there arose a storm, /hich, coming from the Paci8c, passed over ubat and, as a result of the strong /ind and heavy sea, the lorcha /as driven upon the shore and /rec5ed, and its cargo, including the Chinese shippers shippers $'% pac5ages pac5ages of goods, goods, scattered scattered on the beach. beach. 9aborers 9aborers or /or5men /or5men of the defendant defendant company, by its order, then proceeded to gather up the plaintis merchandise and, as it /as impossible to preserve it after it /as salved from the /rec5 of the lorcha, it /as sold at public auction before a notary for the sum of P",23.21. 0he Chinam Chinaman an,, 0an Chiong Chiong Sian or 0an 0an Chinto, Chinto, 8led 8led a /ritten /ritten complaint, alleging that )nchausti neither carried nor delivered his merchand merchandise ise to #ng +ieng Sip, in Catarman, Catarman, but un4ustly and negl neglige igent ntly ly fail failed ed to do so, so, /ith /ith the the resu result lt that that the the said said merchandise /as almost totally lost, and thus claimed the value of  the merchandise /hich /as P$',''', legal interest thereon from $% November "'(, and the cost of the suit. ;fter the hearing of the case and the introduction of testimony by the parties, 4udgment /as rendered, on "( *arch ""', in favor of 0an Chiong Sian or 0an Chinto, against )nchausti & Co., for the sum of P"8 NCC  the liability referred to in the preceding article shall include damages to the goods of the travelers caused by servants or employees of the 5eepers of inns or hostelries as /ell as by strangers, but not those arising from robbery or /hich may be caused by any other case of force ma4eure.H 'rtic- :61, Co% o( Co))rc  *erchandise shall be transported at the ris5 and venture of the shipper,  [email protected] the contrary /as expressly stipulated. 0herefore, a-- %a)ags and impairment suered by the goods in transportation, by reason of  accident, (orc )a*ur, or by virtue of the nature or defect of  the articles, sha-- b (or th account an% ris o( th shi$$r.  0he proof of these accidents is incumbent on the carrier .? 'rtic- :62, Co% o( Co))rc   Gthe carrier , ho/ever, shall be liable for the losses and damages arising from the causes mentioned in the foregoing article if it is proved that they occurred on account of his negligence or because he did not ta5e the

'rtic- :6:, Co% o( Co))rc    G/ith the exception of the cases prescribed in the second paragraph of article 32", the carrier  shall be obliged to deliver the goods transported in the same condition in /hich, according to the bill of lading, they /ere at the time of their receipt, /ithout any detriment or impairment, and should he not do so, he shall be obliged to pay the value of the goods not delivered at the point /here they should have been and at the time the delivery should have ta5en place. )f part of the goods transported should be delivered the consignee may refuse to receive them, /hen he proves that he can not ma5e use thereof  /ithout the others.H

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