Smith v. United Warehouse Co.

The opinion of the court was delivered by

Burch, J.:

The action was one for damages against a warehouseman for injury to a stored automobile which was stolen from the warehouse and afterwards recovered. Plaintiffs prevailed, and defendant appeals.

When stored the automobile was worth $2,725, and when recovered by the owners it was worth $1,000. The owners carried theft insurance, and the insurance company paid them $1,060. The owners sued the warehouse company for the difference between the value of the automobile when stored and when returned, plus expenses incurred in recovering it. The proved…