NELSON v. TWOROGER


472 P.2d 802 (1970)

Bonnie N. NELSON, Respondent, v. Sidney A. TWOROGER and Virginia B. Tworoger Dba Surftides Resort, Hotel and Motel-Restaurant and Lounge, On-the-Beach, Appellants.

Supreme Court of Oregon, In Banc.

Decided July 22, 1970.


Attorney(s) appearing for the Case

Sam F. Speerstra, Salem, argued the cause for appellants. On the brief were Rhoten, Rhoten & Speerstra, Salem.

James E. Redman, Milwaukie, argued the cause for respondent. On the brief were Redman & Carskadon and James R. Carskadon, Jr., Milwaukie.

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


SLOAN, Justice.

Defendants are the owners and operators of the Surftides Resort and Hotel in Lincoln city. At about 3 a.m. on December 11, 1966, plaintiff and her new husband arrived at the Surftides for their honeymoon. The room they were assigned opened onto a small patio. Next to the patio there was a small area of Welch grass. The top of a seawall bordered the grass. The seawall was about 10 feet in height. The top of the wall, which was level with the ground...

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