Burch v. PETERSON ET UX

The plaintiff, Burch, appeals from a judgment of involuntary non-suit.

The complaint alleges that injuries were incurred on the evening of April 2, 1950 at about 8 p.m. while plaintiff was crossing the yard of the defendants Peterson, to enter their home in Eugene, Oregon. He had gone to the Petersons for the sole purpose of spending a social evening playing bridge. With five other persons, who were also friends of the defendants, he approached defendants’ house by proceeding down a steep incline, through a rock garden, and down some wooden steps. The plaintiff, who was preceded by some of the…