Klein

Respondents brought this action in the court below to recover from appellant the value of household furniture, family stores and provisions and personal effects which were destroyed by fire while being transported in trucks by appellant from the city of Bakersfield to the city of Hollywood, California. The complaint contains three separate causes of action. The'first is based upon an express contract between E. A. Klein and Ethel Klein, his wife, and appellant to transport the goods and deliver them to the Kleins in Hollywood. The second cause of action is based upon the statutory liability of appellant as a common carrier of goods for hire. No point is raised by either party under the third cause of action and it need not be considered here.

The evidence discloses that the Kleins were the owners of household furniture, wearing apparel and personal effects which they desired to have appellant transport for them. It is alleged that this property was of the reasonable value of $10,500. The respondent, Continental Insurance Company, had issued and delivered its policies of fire insurance upon this property in the amount of $3,500, which amount it paid to the Kleins. By its contract…