Pocholec v. GIUSTINA

This is an action to recover damages for the death of Ronnie Pocholec, a nine-year old boy, who drowned in the defendant’s log pond. The plaintiff, administrator of the decedent’s estate, appeals from a judgment entered upon a verdict for the defendant.

The defendant maintains a log pond at Springfield, Oregon, on land in its possession and under its control. The pond, which covers approximately 20 acres, was constructed by defendant in 1951. It is used as a storage place for logs which are eventually cut into lumber at defendant’s mill in Eugene. The pond is enclosed by a dike; the surface is…