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LONEY v. McPHILLIPS

521 P.2d 340 (1974)

Stanley F. LONEY, Personal Representative of the Estate of Robert Loney, Deceased, Appellant, v. B.A. McPhillips, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 18, 1974.

Attorney(s) appearing for the Case

Wesley A. Franklin, Portland, argued the cause for appellant. With him on the brief were Franklin, Bennett, Ofelt, DesBrisay & Jolles, Portland.

Douglas E. Kaufman, Tillamook, argued the cause for respondent. With him on the brief were McMinimee & Kaufman, Tillamook.

BRYSON, Justice.

This is an action to recover damages for the wrongful death of a 13-year-old boy who drowned while trespassing on defendant's property at Cape Kiwanda on the Oregon coast. Plaintiff's complaint alleged the following material facts:

"II. "At all times herein mentioned defendant was the owner of certain lands in Tillamook County, Oregon, adjacent to the Pacific Ocean, a portion of which said land is generally known as `Cape Kiwanda...

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