Windeler

Defendant appeals from a judgment entered upon a jury verdict awarding plaintiff $4,000 damages for personal injuries and $1,436 for property loss damage resulting from the failure of defendant to return six rings which plaintiff had entrusted to defendant for the purpose of having the stones in said rings removed and reset in a new ring.

Adverting to the facts most favorable to plaintiff, as we must, we observe that at the trial plaintiff testified that upon entrusting the rings to defendant she emphasized the sentimental value of the rings and explained to defendant Myron Scheer, doing business as Scheers Jewelers in Oakland, that the rings were cherished mementos of her husband and were old family rings which she wished to have made into an heirloom for her daughter. Scheer agreed to reset the stones in a setting for the new ring selected by plaintiff. Scheer then placed plaintiff’s rings in a package which he mailed by insured mail to Gumpert’s, a Los Angeles ring manufacturer, for refabrication.

Plaintiff’s rings were never received by Gumpert’s nor were they ever found or recovered. Scheer called plaintiff and stated to her, “You had better sit down, the rings…