Hoffman

Action for damages for the loss of a roll of film deposited by plaintiff with defendant for development.

The film consisted of a strip about one hundred feet in length, which had been exposed by plaintiff in one of the small amateur moving picture cameras now on the market and left with defendant to be developed. This character of film is manufactured by defendant and sold by it at the price of six dollars through retail dealers with the under standing that the original price includes developing. The evidence shows that plaintiff purchased one of such films and thereafter, accompanied by his sister, took a trip to the Grand Canyon, Arizona. He had with him his amateur moving picture camera and the film in question, his declared intention being to take, while at the canyon, some moving pictures of the scene, and particularly the color stratification of the walls of the canyon. Plaintiff admitted that, although he was at the canyon over a period of ten days, he only exposed this particular film, except that he took some “snap shots” with a small pocket kodak. He spent three days on a trip with his sister to the bottom of the canyon and the remainder of the time on the rim thereof…