Portland Flying Service, Inc. v. Smith

I agree with the majority opinion that for the purpose of testing the propriety of the Court’s direction of verdict in favor of the defendant in the instant case, the plaintiff cannot expect of right that we view the case as if the plaintiff were entitled to the aid of the presumption of negligence of the bailee which usually exists upon proof by the bailor of the bailment and return of the *450property in damaged condition. The plaintiff did not present to the trial court the argument it now advances to the effect that the defendant’s testimony which it introduced by calling the defendant as a…