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BORDEN v. CITY OF SALEM

436 P.2d 734 (1968)

Inez BORDEN, Appellant, v. CITY OF SALEM, a Municipal Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided January 31, 1968.

Attorney(s) appearing for the Case

F.P. Stager, Salem, argued the cause and filed a brief for appellant.

Ted E. Barbera, Asst. City Atty., Salem, argued the cause for respondent. With him on the brief was William J. Juza, City Atty., Salem.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, HOLMAN and LUSK, JJ.

McALLISTER, Justice.

The plaintiff brought this action to recover damages allegedly sustained when she was attacked by a dog used by the police department of the City of Salem in law enforcement work. The trial judge granted a nonsuit on the ground that the dog was being used in the performance of a governmental function. Plaintiff appeals.

Viewed in the light most favorable to the plaintiff the evidence tends to prove the following facts. Plaintiff with her...

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