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FRY v. WILLAMALANE PARK & RECREATION DISTRICT

481 P.2d 648 (1971)

Jimmy L. FRY, by His Guardian Ad Litem, Shirley Fry, Appellant, v. WILLAMALANE PARK & RECREATION DISTRICT, a Municipal Corporation, Respondent, Oregon Broiler Festival, Inc., an Oregon Corporation, Defendant.

Court of Appeals of Oregon, Department 2.

Decided February 25, 1971.

Attorney(s) appearing for the Case

James R. Hargreaves, Eugene, argued the cause for appellant. With him on the briefs were Bailey, Hoffman, Morris & Van Rysselberghe, Eugene.

Jack Mattison, Eugene, argued the cause for respondent. On the brief were John E. Jaqua and Jaqua, Wheatley & Gardner, Eugene.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FORT, Judge.

Plaintiff, as guardian ad litem for her 11-year-old son, filed this action for his injuries sustained on July 14, 1968, when he fell from an unrailed bridge constructed and maintained in one of its public parks by the Willamalane Park & Recreation District, a municipal corporation. The complaint alleges Willamalane at the time and place in question was acting both in a governmental and a proprietary capacity...

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