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BERGMAN v. COOK

245 Or. 163 (1966)

421 P.2d 382

BERGMAN v. COOK ET UX

Supreme Court of Oregon.

Reversed December 14, 1966.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellants. With him on the brief were McColloch, Dezendorf & Spears, and Nelson and Zikes, Portland.

J.W. Darr, Beaverton, argued the cause for respondent. With him on the brief were Thompson & Adams, Beaverton.

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

REVERSED.

LUSK, J.

The defendants appeal from a judgment for the plaintiff in an action to recover damages for personal injuries. Plaintiff sustained her injuries as the result of a fall at a time when she was a guest of the defendants in their home.

The second amended complaint, on which the case was tried, alleges:

"* * * that said dwelling house was constructed in such a manner so that there was a step down of approximately eight inches...

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