Greer

This is an appeal by the Los Angeles Athletic Club from a judgment in favor of the plaintiff in an action for damages for failure to return to plaintiff a package deposited with the defendant. Judgment was for the sum of $1,253.83, with interest at seven per cent per annum. The defendant is a social organization used by the members and their guests. In addition to the ordinary facilities furnished by it, the club maintained sleeping rooms which were rented to members of the club, for which a consideration in addition to the regular dues of the club was required. The plaintiff was a member in good standing in the club and had resided in one of the rooms of the club from the early part of 1919 until after the incident resulting in this litigation. Defendant also kept a fireproof safe in the clerk’s office on the main floor for the safekeeping of packages deposited therein by lodgers or other members of the club for which no special charge was made.

The court found in favor of the plaintiff and bases its conclusion in that regard upon: (1) The fact that the defendant was a lodging-house keeper, and (2) that in accepting the package to be deposited in its safe, it i^as a bailee for…