Loney v. McPhillips

This is an action to recover damages for the wrongful death of a 13-year-old boy who drowned while trespassing on defendant’s property at Cape Kiwanda on the Oregon coast. Plaintiff’s complaint alleged the following material facts:

“H.

“At all times herein mentioned defendant was the owner of certain lands in Tillamook County, Oregon, adjacent to the Pacific Ocean, a portion of which said land is generally known as ‘Cape Kiwanda’. That a public highway runs through a portion of Tillamook County near Cape Kiwanda and said cape is readily accessible from the public highway. That because of the…