Aune v. Oregon Trunk Railway

This is an action to recover the damage resulting from the burning of a warehouse and blacksmith shop in Bend. The defendants demurred to the amended complaint upon the ground that it failed to state a cause of action. The trial court sustained the demurrer and, upon plaintiff’s refusal to plead further, dismissed the action from which judgment the plaintiff has appealed.

The complaint alleges that on August 14, 1933, the defendant, Oregon Trunk Railway, switched certain empty box cars on to a spur leading to plaintiff’s warehouse and left them alongside of the warehouse without locking the…