H. T. Coker Construction Co. v. Whitfield Transportation, Inc.

518 P.2d 782, 85 N.M. 802
CourtNew Mexico Court of Appeals
DecidedJanuary 9, 1974
Docket1236
StatusPublished
Cited by58 cases

This text of 518 P.2d 782 (H. T. Coker Construction Co. v. Whitfield Transportation, Inc.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
H. T. Coker Construction Co. v. Whitfield Transportation, Inc., 518 P.2d 782, 85 N.M. 802 (N.M. Ct. App. 1974).

Opinions

OPINION

WOOD, Chief Judge.

This appeal involves two claims of damage to merchandise shipped by the manufacturer in California to plaintiff in Alamogordo, New Mexico. Defendant is a common carrier “ * * * operating pursuant to the laws of the United States and the regulations of the Interstate Commerce Commission.” “ * * * [Ujnder federal law, in an action to recover from a carrier for damage to a shipment, the shipper establishes his prima facie case when he shows delivery in good condition, arrival in damaged condition, and the amount of damages. * * * ” Missouri P. R. Co. v. Elmore & Stahl, 377 U.S. 134, 84 S.Ct. 1142, 12 L.Ed.2d 194, reh. denied, 377 U.S. 984, 84 S.Ct. 1880, 12 L.Ed.2d 752 (1964). The application of this rule is dis-positive. In applying the rule we discuss: (1) findings of fact and conclusions of law; (2) answers to interrogatories; and (3) probative value of hearsay.

Two shipments are involved. Both shipments were received by a common carrier in California. This carrier turned the shipments over to defendant. Defendant delivered the first shipment in September, 1971 and the second shipment in April, 1972. Claiming merchandise in both shipments was damaged when delivered, plaintiff sued defendant, see 49 U.S.C.A. § 20(11) (1951), for the cost of replacing the damaged merchandise. Judgment was for defendant in connection with the first shipment; plaintiff appeals. Judgment was for plaintiff in connection with the second shipment; defendant cross-appeals.

The first shipment.

We assume, but do not decide, that there is proof that the merchandise delivered in September, 1971 was received by the carrier in an undamaged condition. Plaintiff asserts the evidence shows defendant delivered a portion of this merchandise in a damaged condition. The trial court refused plaintiff’s requested finding to that effect. Plaintiff asserts the refusal of this request was error. We disagree.

At the time of delivery of the first shipment some of the cartons containing the merchandise showed visible damage on the outside of the cartons. Four or five of the cartons showing visible damage were opened at the time of delivery; no damage was found to the merchandise inside the cartons. Other cartons “. . . which had scratches and tears in the cardboard were not opened at that time.” The damage to merchandise claimed in connection with the first shipment was not discovered until four months after delivery. The statements in this paragraph are taken from findings of the trial court which are not challenged. These findings are binding on appeal. Springer Corporation v. Kirkeby-Natus, 80 N.M. 206, 453 P.2d 376 (1969).

The undisputed evidence is that the cartons opened at time of delivery were “. . . those that looked the worst. . . .” The practice was . . that anything that shows to be damaged at the time, we check it. . The damage that we later discovered was where something had hit them and the carton was crushed but not torn. . .

Findings which are not attacked, and the undisputed evidence referred to above, substantially support the trial court in refusing to find that merchandise in the first shipment was delivered in a damaged condition.

One rule concerning findings of fact is “* * * that where a party has the burden of proof on an issue and requests findings on that issue, which are refused, the legal effect of the refusal of the requested findings is a finding against that party. * * *” Tabet Lumber Company v. Chalamidas, 83 N.M. 172, 489 P.2d 885 (Ct.App.1971). Under this rule, the trial court’s refusal of plaintiff’s requested finding has the legal effect of a finding that merchandise in the first shipment was not damaged when delivered.

Another rule concerning findings, also referred to in Tabet, supra, is that when properly requested, the trial court is required to find ultimate facts, and that it is error to fail to find either way on a disputed issue that is material. See Sanchez v. Sanchez, 84 N.M. 498, 505 P.2d 443 (1973). This rule is not applicable in this case.

Findings are to be liberally construed in support of the judgment. Fulghum v. Madrid et al., 33 N.M. 303, 265 P. 454 (1927). The findings are sufficient if a fair construction of all of them, taken together, justify the trial court’s judgment. Hoskins v. Albuquerque Bus Company, 72 N.M. 217, 382 P.2d 700 (1963). Unchallenged findings, referred to above, when construed liberally in support of the judgment, are to the effect that .the damaged merchandise discovered four months after delivery was not shown to have been damaged at the time of delivery. Thus, the unchallenged findings are that plaintiff failed to prove delivery of the merchandise in a damaged condition.

The unchallenged findings, construed liberally, show the trial court did rule on whether the merchandise was delivered in a damaged condition. These findings, and the trial court’s refusal of plaintiff’s requested finding, support the conclusion that plaintiff should not recover for the claimed damage to merchandise in the first shipment.

Plaintiff does not contend that the findings, discussed above, fail to support the judgment. Its claim is that one of the trial court’s findings is not supported by substantial evidence. This finding goes to negligence of plaintiff in handling the merchandise in the four month period after delivery of the merchandise and before any damaged merchandise was discovered. Assuming an absence of evidence to support this finding, it does not require a reversal. This finding was unnecessary for a decision and, as pointed out above, the findings are sufficient to support the conclusion that plaintiff should not recover. Garcia v. Color Tile Distributing Company, 75 N.M. 570, 408 P.2d 145 (1965).

Plaintiff also claims that the trial court applied an erroneous theory in one of its conclusions of law. This conclusion states that plaintiff should not recover because it “. . . failed to exercise due diligence in inspecting the merchandise received on September 3, 1971. . . .”

We assume, but do not decide, that the legal conclusion is erroneous. This assumption does not aid plaintiff. The decision of a trial court is to be upheld if correct for any reason. Scott v. Murphy Corporation, 79 N.M. 697, 448 P.2d 803 (1968). The trial court is not to be reversed when it reaches the correct result for a wrong reason. Tsosie v. Foundation Reserve Insurance Company, 77 N.M. 671, 427 P.2d 29 (1967). The assumed erroneous conclusion does not require a reversal because the refusal to find damage to the merchandise when delivered, and the findings to the effect that damage when delivered was not proved, are legally correct.

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Bluebook (online)
518 P.2d 782, 85 N.M. 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/h-t-coker-construction-co-v-whitfield-transportation-inc-nmctapp-1974.