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HISCHEMOELLER v. NAT. ICE ETC. STORAGE CO.

Docket No. L.A. 23816.

46 Cal.2d 318 (1956)

294 P.2d 433

HERBERT HISCHEMOELLER, Respondent, v. NATIONAL ICE AND COLD STORAGE COMPANY (a Corporation), Appellant.

Supreme Court of California. In Bank.

March 2, 1956.

Attorney(s) appearing for the Case

James D. Garibaldi, Gavin McNab, Schmulowitz, Sommer & Wyman, Nat Schmulowitz, Peter S. Sommer and Ronald P. Klein for Appellant.

McBain & Morgan, Newell & Chester, Newell, Chester & Gibson and Robert M. Newell for Respondent.

McCOMB, J.

Plaintiff sues defendant warehouseman for damages resulting from negligence in the storage of certain dried chili peppers. The case was tried before a jury and verdict rendered for plaintiff in the sum of $23,112.30. Defendant has appealed.

Defendant is a public warehouseman and as such a public utility. (Pub. Util. Code, §§ 216, 239.) It is also governed by the Food Warehousemen Act (Pub. Util...

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