FITZPATRICK v. MARASTONI


234 Or. 192 (1963)

379 P.2d 1022

FITZPATRICK v. MARASTONI ET AL

Supreme Court of Oregon.

Reversed March 28, 1963.

Petition for rehearing denied April 23, 1963.


Attorney(s) appearing for the Case

Seymour L. Coblens, Portland, argued the cause for appellant. With him on the brief were Reinhardt, Coblens & Stoll, Portland.

George A. Rhoten, Salem, argued the cause for respondents. With him on the brief were Myron L. Enfield and Rhoten, Rhoten & Speerstra, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.


REVERSED.

SLOAN, J.

Plaintiff sustained injury when he fell on a mooring dock owned and operated by defendants at Detroit Lake. In this action for damages resulting from the injury defendants were granted a judgment of involuntary nonsuit. Plaintiff appeals.

The dock where plaintiff fell consisted of a number of floating platforms tied together with ropes. On the particular float with which we are immediately concerned the ropes which held the float...

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