•15 



holds it in storage as a trustee, and in tliatn relation 

 is bound to use only that degree of care and diligence 

 in the management of the warehouse that a man of ordi- 

 nary care and prudence would exercise under the circum- 

 stances in protecting the goods if they were his private 

 property. 



If the temperature of the storage room fluctiiates 

 ixnduly from the point to be maintained and causes the 

 fruit to freeze to its injury, or to ripen with abnor- 

 mal rapidity, or if the management of the rooms or the 

 handling of the fruit in other respects can slaovm. to 

 have been faulty or negligent, the warehouse has failed 

 to form its proper function. 



