Laux v. Bekins Van & Storage Co.

SHAW, J.

The defendant appeals from the judgment and from an order denying its motion for a new trial. The plaintiffs delivered to defendant for storage certain household goods, to be stored in defendant’s warehouse. A fire occurred in the warehouse while the goods were stored there and the goods were destroyed thereby. This action is for the recovery from the defendant of the value of the goods.

The complaint is in three counts. On the third count, charging negligence of defendant in failing to keep a watchman in the warehouse at night, the court below decided for the defendant, and that point is, therefore, not involved.

The first count alleges that the plaintiffs and defendant made an agreement, by which the defendant was to store the goods in a fireproof depository; that the goods were delivered to defendant for storage in pursuance of said agreement, and were stored by it in a warehouse not fireproof, and that while there stored they were totally destroyed by fire, by reason of the neglect of defendant to store them in a warehouse that was fireproof. The second count is the same as the first, excepting that instead of alleging a positive agreement that defendant should store the goods in a fireproof depository, it is alleged that in order to induce the plaintiffs to intrust the goods to the defendant for storage, the defendant represented to plaintiff that the warehouse of defendant, wherein the goods would be stored, if intrusted to it for storage, was fireproof; that plaintiffs, relying on said representations, and induced solely thereby, delivered the goods to defendant for storage. The court found in favor of plaintiffs on both of these counts.

The motion for a nonsuit was properly denied. There was _ evidence to the effect that the defendant was in the business of storing household goods for hire; that it had extensively and conspicuously advertised that it furnished “fireproof storage ’ ’; that the plaintiff Blanche G-. Laux, who acted for the plaintiffs in the matter, had seen these advertisements and was induced thereby to apply to the defendant for storage

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of the goods; that for that purpose she went to the main office of the defendant and said to the man at the desk therein that she wanted to store these goods and to be sure that they were absolutely safe; that they would be ready in a few days, and asked him the question, “Is your warehouse absolutely fireproof”; to which he answered, “Oh, certainly”; that she thereupon gave him the address where the goods could be had; that he directed her to telephone to the office when they were ready, and that defendant would then send a wagon, get the goods, and store them for her as requested; that in a few days she telephoned accordingly, and defendant got the goods, stored them in one of its warehouses that was not fireproof, and that thereafter the goods were destroyed by a fire which occurred in said warehouse. There was proof of the value of the goods. This evidence was sufficient proof of the agreement to store the goods in a fireproof warehouse, and also of the representations alleged, the reliance of the plaintiffs thereon, and of the placing of the goods in storage upon that reliance. It was not necessary that such an agreement should have been proven to have been made by express words or declarations. Actions and words from which it could reasonably be implied will suffice.