Waite v. Southern Pacific Co.

This is an appeal from an order denying defendant’s motion to vacate and set aside a default judgment.

On January 19, 1921, plaintiffs filed their complaint in the superior court of Los Angeles County, alleging that they delivered to defendant, a common carrier in interstate commerce, goods of the value of $3,326.10 to be transported from Portland, Oregon, to Los Angeles, California," and which through the negligence of the defendant were destroyed by fire at Quail, California. Recovery was sought for their value.

On January 31, 1921, defendant filed a demurrer to the complaint, and at the same…