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SUMMERS v. GRANT PARK BAPTIST CH.

243 Or. 362 (1966)

413 P.2d 611

SUMMERS v. GRANT PARK BAPTIST CHURCH ET AL

Supreme Court of Oregon.

Affirmed April 26, 1966.

Attorney(s) appearing for the Case

Thomas K. Thorpe, Portland, argued the cause for appellant. With him on the briefs were Williams, Montague, Stark & Thorpe, Portland.

Paul W. Jones, Portland, argued the cause for respondents. With him on the brief were Maguire, Shields, Morrison, Bailey & Kester and Thomas E. Cooney, Portland.

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

AFFIRMED.

DENECKE, J.

An action was brought against the defendant church to recover damages for personal injuries sustained by a five-year-old girl, Julie Ann Summers, who fell into a light well at the church where she was attending Bible school. The jury returned a defendant's verdict. The plaintiff appeals.

The trial court struck the two following charges of negligence:

"2. In maintaining and permitting...

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