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LEGG v. BLANCHFIELD

90-CV-0132-MS; CA A71198.

841 P.2d 662 (1992)

116 Or. App. 408

Edward Russell LEGG, By and Through Janette L. LEGG, his Guardian Ad Litem, Appellant, v. Frederick J. BLANCHFIELD, and Caroline Lindstedt, Respondents.

Court of Appeals of Oregon.

Decided November 18, 1992.

Attorney(s) appearing for the Case

Mark G. Reinecke and L. Ross Brown, Bend, filed the brief for appellant.

Howard G. Arnett, Bend, argued the cause for respondents. With him on the brief were Dennis James Hubel and Karnopp, Petersen, Noteboom, Hubel, Hansen & Arnett, Bend.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

RICHARDSON, Presiding Judge.

The 12-year old plaintiff jumped from the roof of a structure on property occupied by the family of a playmate onto a wooden fence on neighboring property owned by defendant Blanchfield and leased by defendant Lindstedt. The top board of the fence broke, and plaintiff fell and was injured. He brought this action, alleging in one claim that the fence was an "attractive nuisance" and in a second claim that he was defendants' licensee rather...

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