Baker

This is an action to recover the sum of $11,755.61 for services rendered and traveling expenses incurred under a contingent contract to testify as an expert witness in certain litigation. Plaintiff had judgment and defendant appeals.

Baker was a fruit and berry packer. He had placed in cold storage with a certain company in Portland, Oregon, a large amount of loganberries. It was claimed by him that the berries were allowed to ferment through the negligence of the storage company. A part of the damaged product was still in the company’s warehouse, and a part had been shipped to Chicago. Baker contemplated the commencement of two actions for damages, one to cover the berries remaining in the storage company’s warehouse, the other to cover those which had been shipped, although but one action was at first under consideration by him. Von Kesler was a fruit and berry broker in Chicago, and had represented Baker there for many years. The contemplated actions were commenced, Von Kesler attended the trial of each, and testified as an expert witness in each. He came to Oregon, where the actions were tried in the United States court and his traveling expenses were incurred because of his…