Coast Laundry, Inc. v. Lincoln City

Plaintiff brought action to recover damages to its laundry business allegedly sustained because the water supplied plaintiff by defendant city contained particles of tar.

The action was brought in successive counts upon alternative theories of negligence, breach of contract, strict liability, breach of express warranty and breach of implied warranty of fitness for a particular purpose. The trial judge withdrew from the jury all issues except that of negligence. The jury returned a verdict for defendant.

Plaintiff appeals assigning as error the action of the trial judge in withdrawing from the…