Lincoln Grain Co. v. M & H WAREHOUSE

Plaintiffs in an action for damages sustained by them to grain in a fire in defendants’ warehouse appeal from judgment in favor of defendants.

Questions Presented

1. Is a warehouseman’s burden of proving due care satisfied under California law existing at the time of the fire without proving how the fire started?

2. Instructions:

(a) Failure to instruct that defendants must explain the cause of the fire.

(b) Instructions on reasonable care.

(c) Instructions on unavoidable accident.

3. Admissibility of state inspector’s report record.

Record

On November 8, 1965, plaintiffs filed a complaint against defendants for damages by fire to grain stored in defendants’ warehouse on two theories, breach of duty by a bailee and negligence. Defendants answered denying the charging allegations of the complaint. They also filed a cross-complaint against third parties, claiming any damages suffered by plaintiffs were caused by the negligence of the cross-defendants.

The trial was bifurcated and the issue of liability was separated from that of damages and tried first. The jury found in favor of defendants.

Facts

There is little, if any, conflict in the evidence. Plaintiffs…