BOSIN v. OAK LODGE SANITARY DISTRICT NO. 1


447 P.2d 285 (1968)

Gregory BOSIN, a Minor Child, by His Guardian Ad Litem, Faith Ann Bosin, Appellant, v. OAK LODGE SANITARY DISTRICT NO. 1, a Municipal Corporation, Norris Hunter, Lloyd R. Shannon, Dwight M. Steeves, William E. Clancy, Morris T. Nelson, Harvey W. Scott and Harvey West, Respondents.

Supreme Court of Oregon, In Banc.

Decided November 13, 1968.


Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause for appellant. With him on the brief were Robert L. McKee and Bernard K. Smith, Portland.

Herbert M. Schwab, Portland, argued the cause for respondents. On the brief were Rives & Schwab, Portland, and Leonard A. Girard, Portland.

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


LUSK, Justice.

Plaintiff, a boy aged four and one-half years, fell into a hole in the street which had been dug by the defendants for the purpose of repairing a leak in an underground pipe. Through his guardian ad litem the boy brought this action to recover damages for the injuries sustained by him in the accident. Upon the trial the court granted a judgment of involuntary nonsuit and plaintiff appeals.

The sole question is upon the sufficiency of the evidence...

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