W. C. Cook & Co. v. White Truck & Transfer Co.

This is an appeal by the defendant from a judgment of the trial court, sitting without a jury in the sum of $850.26, in an action for damages for injury to certain dried figs and fig paste, by reason of rain damage, while being transported by defendant from Clovis, Fresno County, California, to San Pedro, California. Defendant also attempted to appeal from the order of the trial court denying its motion for a nonsuit. Defendant’s notice of appeal also sets forth an intention to appeal from the order denying its motion for a change of venue, but appellant concedes that that part of its appeal is not well taken and it is therefore dismissed.

On or about October 30, 1927, respondent engaged the services of appellant to transport, for a valuable consideration agreed upon by the parties, two truck loads of packed dried figs and fig paste, from Clovis to San Pedro. Pursuant thereto appellant loaded the merchandise at respondent’s manufacturing plant at Clovis and hauled it to the agreed point of destination, where it was found that a por tion of the merchandise was wet. Eespondent claimed that the merchandise became rain-soaked by reason of the negligence of appellant’s agents in not…