John L. Owen v. Sears, Roebuck and Company, a Corporation

BOWEN, District Judge.

This is an appeal from the Trial Court’s order directing a jury verdict for appellee (defendant below) at the close of appellant’s (plaintiff’s) case in chief in the trial of appellant’s action against appellee for alleged breach of warranty of fitness to recover damages sustained by appellant when he was burned by a cigarette-lighted fire in a shirt he was wearing some time after it was purchased by his wife for him at appellee’s Portland, Oregon store.

In the pretrial order which superseded the pleadings, appellee admitted as appellant contended that there is a…