Dixey v. Federal Compress & Warehouse Co.

GARDNER, Chief Judge.

This is an appeal from a judgment dismissing an action brought by appellants against appellee seeking damages for appellee’s failure to collect insurance on goods of plaintiffs which were destroyed by fire while stored in appellee’s warehouse. The parties will be referred to as they were designated in the trial court.

The complaint was twice amended. The motion to dismiss was based upon the ground that the amended complaint did not state “a claim upon which the relief sought could be granted”.

The complaint as amended contained the requisite jurisdictional averments and for…