Homan

Homan v. Burkhart

Good Law
108 Cal. App. 363·1930 Cal. App. LEXIS 309·291 P. 624
Court of Appeal of CaliforniaSeptember 18, 1930Docket No. 6074.California1,794 words

Opinion

Lead Opinion

Gates, J.

On March 30, 1927, respondent and his wife, who were returning to their home in San Francisco from a business trip and vacation in Texas, stopped in the city of Santa Maria. At about 10 o’clock at night on that date they stored their car, an open club roadster, and certain contents in the car, with appellants, who operate a garage. The baggage consisted of two suitcases, a brown handbag, a black handbag, a hat-box, a trunk and other articles and was in the back part of the automobile. According to the evidence respondent called the attention of the night man who was in charge of the garage to the fact that there was a lot of baggage in the car and told the latter that he, respondent, did not want to unpack it and asked if it would be safe; that the night man replied that the baggage would be perfectly safe, that they were open all night and that he had nothing to do but to watch the cars and baggage in the garage; that that was his job. The next morning respondent paid for the storage, after presenting the' claim check. When the car was delivered to him, his wife discovered that the baggage was missing. Respondent immediately returned to the garage and endeavored to get an…

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