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LANDGRAVER v. EMANUEL LUTHERAN

203 Or. 489 (1955)

280 P.2d 301

LANDGRAVER v. EMANUEL LUTHERAN CHARITY BOARD, INC.

Supreme Court of Oregon.

Affirmed February 9, 1955.

Petition for rehearing denied March 9, 1955.

Attorney(s) appearing for the Case

W.A. Franklin argued the cause for appellant. On the brief were Anderson, Franklin & Landye, of Portland.

James Arthur Powers, of Portland, argued the cause for respondent. With him on the brief was Earle P. Skow, of Portland.

Leo Levenson, Maurice D. Sussman, Hess & Hess, Burl L. Green, Hicks, Davis & Tongue, Anthony Pelay, Jr., Norman L. Easley, Krause & Evans, Peterson & Pozzi, Uney & Jacobs, Schwenn & Brink, S.H. Burleigh, McAllister, Duncan & Brophy, William Walsh, U.S. Balentine, and Paul R. Harris, filed a brief as Amici Curiae.

AFFIRMED.

TOOZE, J.

This is an action for damages for personal injuries caused by alleged negligence, brought by Larry Landgraver, as plaintiff, against Emanuel Lutheran Charity Board, Inc., a corporation, as defendant. Judgment on the pleadings was entered in favor of defendant. Plaintiff appeals.

The judgment on the pleadings was granted by the trial court upon the theory that a charitable institution, such as the defendant, was immune to tort liability...

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