LIBERTY MUTUAL FIRE INSURANCE CO. v. HUBBARD


551 P.2d 1288 (1976)

LIBERTY MUTUAL FIRE INSURANCE COMPANY, a Foreign Corporation, Appellant, v. C.M. HUBBARD, Sr., et ux., and C.M. Hubbard, Jr., dba C. M. Hubbard & Son, Respondents.

Supreme Court of Oregon.

Decided July 15, 1976.


Attorney(s) appearing for the Case

Randall E. Thwing, of Thwing, Atherly & Butler, Eugene, argued the cause and filed briefs for appellant.

Todd Brown, Corvallis, argued the cause for respondents. With him on the brief were Michael F. McClain and McClain, Brown, Evashevski & Marek, Corvallis.

Before DENECKE, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


BRYSON, Justice.

The plaintiff, subrogated to the rights of its insured, Farm Machinery, Inc., brought this action to recover $14,000 which it paid for the insured's combine equipment destroyed by fire. Plaintiff's complaint alleged two grounds for recovery in separate counts: (1) common law bailment; (2) a written contract for rental of the combine. The trial court granted defendants' motion for involuntary nonsuit as to the second count and submitted the case to...

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