National Fire Insurance Company of Hartford v. Great Lakes Warehouse Corporation

HASTINGS, Circuit Judge.

This was a diversity action brought to recover damages for 480 cases of Kool-Aid, a soft drink concentrate, stored by plaintiff’s insured with defendant, a public warehouseman, and damaged by a fire which occurred in defendant’s warehouse. The complaint was in two counts, the first grounded on negligence and the second on the failure of defendant, as a warehouseman to return the goods on demand. The first count was dismissed at the close of plaintiff’s case in chief and no error was assigned on this ruling. There was a trial by jury resulting in a verdict for plaintiff…