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EDWARD HINES LUMBER CO. v. PURVINE LOGGING CO.

240 Or. 60 (1965)

399 P.2d 893

EDWARD HINES LUMBER CO. v. PURVINE LOGGING CO.

Supreme Court of Oregon.

Affirmed March 10, 1965.

Attorney(s) appearing for the Case

David J. Krieger, Portland, argued the cause for appellant. With him on the briefs were Black, Kendall, Tremaine, Boothe & Higgins, Portland.

Harry A. Harris, Oregon City, argued the cause for respondent. With him on the brief was Clifford S. Beckett, Oregon City.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

GOODWIN, J.

This case requires us to decide who, between bailor and bailee, bears the loss when a fire of unknown origin destroys bailed property.

The facts are not in dispute. Hines was the owner of a donkey engine. Purvine was a logger engaged in the performance of a logging contract for Hines. Hines delivered the machine to Purvine, for Purvine's use, but for the mutual benefit of the parties. The

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