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QUIGLEY v. SCHOOL DISTRICT NO. 45J3

446 P.2d 177 (1968)

Robert Duane QUIGLEY, a Minor, by His Guardian Ad Litem, James Howard Quigley, Appellant, v. SCHOOL DISTRICT NO. 45J3 Lane and Douglas Counties, Oregon Aka South Lane School District; and Ronald I. Pupke, Respondents.

Supreme Court of Oregon, Department 1.

Decided October 23, 1968.

Attorney(s) appearing for the Case

Helen J. Frye, Eugene, argued the cause for appellant. On the briefs were Husband, Johnson & Frye, Eugene.

William E. Flinn, Eugene, argued the cause for respondent School District.

Darst B. Atherly, Eugene, argued the cause for respondent Pupke. On the brief were Jaqua, Wheatley & Gardner, and Thwing, Atherly & Butler, Eugene.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE, and MENGLER, JJ.,

MENGLER, Justice (Pro Tempore).

This is an action arising out of personal injuries sustained by a 12-year-old boy in a physical education class in a school gymnasium. A piece of gymnasium apparatus about nine feet high, consisting of horizontal metal bars and known as stall bars had been delivered the day before but had not yet been fastened to the wall. The stall bars somehow fell and the boy was injured. The action was...

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