Nelson v. Smith

This is an appeal from a decree in equity assessing damages arising out of the commission of a tort and impressing the amount thereof as a lien upon real property owned by the defendant in the city of Portland.

The transcript of the evidence is not here. Hence,, it is presumed that the findings of the trial court are supported by the evidence. Error will' not be presumed.

From the pleadings the following facts are gleaned: On October 11,1933, at about 2 o ’clock in the morning, the defendant, a resident of California, and one Neil Stewart, both in an intoxicated condition, were, as a joint…