Twentieth Century Delivery Service, Inc., a Corporation v. St. Paul Fire and Marine Insurance Company, a Corporation

On or about July 12, 1954, Calnevar Company delivered a coffee vending machine to Trans World Airlines at St. Louis, Mo., for delivery, via airfreight, to the shipper company at 1734 — 42 West Washington Blvd., Los Angeles, California. Trans World’s airbill called for delivery at Los Angeles to the named address, and provided pick-up and delivery charges in addition to so-called “weight-rate charges” for the air transportation. m a f Trans World had m effect a contract with ,, , rn ,. ,, r, , r, the appellant, Twentieth Century De- , ,,,,,, , livery Service whereby the latter under- , . ' „ ,. . , took to perform the ground delivery servTTri ! m „ ices. While Twentieth Century was un- ..... , . „ ., , . loading the machine from its truck at the , .. ... , ,, , . delivery address, it dropped the machine , .. .. I , • ,-j. to the sidewalk thereby damaging it. ... ,, „ ,. ,, . ., , m The trial court’s finding that the dam- ,, age was the result of negligence on the , „ „ n , •__,____ part of Twentieth Century is not questioned on this appeal. The appellee insurance company had insured Calnevar against physical damage to its personal property, and upon receipt of proof of loss paid…