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U.S. NATIONAL BANK OF OREGON v. ZELLNER

16-86-06481; CA A49824.

789 P.2d 670 (1990)

101 Or.App. 98

United States NATIONAL BANK OF OREGON, Conservator for the Estate of Jacob Galante Duke, Appellant, v. George L. ZELLNER and Emily K. Zellner, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided March 28, 1990.

Reconsideration Denied May 16, 1990.

Attorney(s) appearing for the Case

Daniel N. Gordon, Eugene, argued the cause and filed the briefs, for appellant.

Michael S. Sommers, Portland, argued the cause, for respondents. With him on the brief was Frank E. Day, Portland.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

When Jacob Duke was three years old, he fell into an artificial waterway while playing on the grounds of a fish hatchery. He suffered severe, irreversible brain damage. United States National Bank (plaintiff), acting as Jacob's conservator, filed a negligence action against defendants (landlords). The jury returned a verdict in favor of landlords. Plaintiff appeals from the resulting judgment.

Landlords' tenant operated the fish hatchery on the...

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