Oregon Pottery Co. v. Kern

Opinion by

Mr. Justice Bean.

This is an appeal from a judgment in favor of plaintiff, rendered in an action brought to recover the value of a scow leased to the defendant, and lost while being used by him. The complaint avers that the loss occurred through the negligence and carelessness of the defendant and his employes, while the defense is that it was due to defective construction, by reason of which the scow was unfit for the uses for which it was hired. On the trial, A. M. Smith, vice-president and manager of plaintiff, was called as a witness, and testified in its behalf, among other…