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ESCOBEDO v. WARD

464 P.2d 698 (1970)

Gonzalo ESCOBEDO, Respondent, v. Jan L. WARD, Doing Business As Ward Construction Co., Appellant.

Supreme Court of Oregon, In Banc.

Decided February 4, 1970.

Attorney(s) appearing for the Case

Ronald L. Marceau, Bend, argued the cause for appellant. On the briefs were McKay, Panner, Johnson & Marceau and Dennis C. Karnopp, Bend.

Wendell Gronso, Burns, argued the cause for respondent. On the brief were Cramer & Gronso, Burns, and Bodie, Minturn & Glantz, Prineville.

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

Argued and Submitted at Pendleton May 5, 1969.

McALLISTER, Justice.

This is an action brought by Gonzalo Escobedo to recover damages for the death of his seven-year-old son, Juan, who was killed by an earth slide while playing in a gravel pit from which defendant had been excavating gravel and dirt. The jury found for plaintiff and defendant appeals.

The errors assigned on appeal include the denial of defendant...

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