Burr

Burr v. Cross

Good Law
1906 Cal. App. LEXIS 320·3 Cal. App. 414·86 P. 824
Court of Appeal of CaliforniaApril 10, 1906Civ. No. 133.California441 words

Opinion

Lead Opinion

Smith, J.

This is an appeal from a judgment against the defendant for the sum of $1,069.30, with interest from August 16, 1900, and costs.

There is a statement or bill of exceptions in the record containing the evidence given on the trial, which was that of the plaintiff only, the defendant declining to put in any evidence.

The gist of the case as shown by the complaint is: In a suit of the defendant against Laing and others an attachment was issued to the plaintiff, who was then the sheriff of Los Angeles county, and by him levied on certain property of the defendant’s in the attachment case; and thereupon, on the proposition of the defendant, the attached property was placed in charge of an employee of the defendant as keeper upon and in consideration of his promise to save the plaintiff harmless from all liability for any damages that might be done to the property by reason of the negligence, carelessness, or breach of duty of such employee while in charge of the property. The attached property remained in charge of the keeper thus employed until January 1, 1899, during which time, by the negligence or misconduct of the keeper, the property, or much of it, was lost, destroyed and…

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