Stefani

Appeal from a judgment rendered in favor of plaintiff for the value of a car of grapes shipped over the lines of defendant.

The complaint alleged in paragraph II thereof “that on or about the 5th day of September, 1926, and at all times herein mentioned since that date, plaintiff was the owner of and entitled to the use and possession of those certain goods and property in the next succeeding paragraph described”, and by paragraph III that “on or about the 5 th day of September, 1926, at Borden, Madera county, California, the L. Ravano Fruit Company delivered to the defendant for shipment those certain goods and property of the plaintiff, to-wit, 1049 lugs of Zinfandel black juice grapes”. It was further alleged that on the same date defendant issued and delivered to plaintiff its original straight bill of lading therefor, designating plaintiff as the owner and Butte, Montana, as the destination thereof; that plaintiff on that date became and ever since has been the owner and holder for value of the bill of lading; that defendant, a common carrier, received the grapes, to be by it safely carried to the above destination, but failed and neglected to do so, all to plaintiff’s…