Dynes

The plaintiff appeals from an order granting the motion of the defendant for a new trial.

The action was to recover the sum of three thousand dollars as damages caused by the destruction of the plaintiff’s goods by fire while they were stored in a warehouse belonging to the defendant. It is alleged that the plaintiff shipped the goods to the defendant and was informed by defendant that they had been received and were stored in a fireproof warehouse in Los Angeles, and that defendant agreed to store the same in said fireproof warehouse until wanted by the plaintiff; that afterward plaintiff demanded of the defendant the possession of said goods, but defendant neglected and refused to return the same, and converted the same to its own use. In a second count plaintiff alleges that while the property was in the possession of the defendant for storage, defendant informed plaintiff that the goods were perfectly safe and stored in a fireproof warehouse in Los Angeles, and that plaintiff relied upon said representations and agreed to allow the goods to remain in the possession of the defendant and paid the storage charges therefor; that the said warehouse was not fireproof, and that…