Baer v. Van Huffell

• Decision Date: 23 November 1960
• Citation: Baer v. Van Huffell, 356 P.2d 1069, 225 Or. 30 (Or. 1960)
• Parties: William J. BAER, Executor of the Estate of Alice Baer, deceased, Appellant, v. Julius L. VAN HUFFELL and Nettie Van Huffell, Respondents.
• Court: Oregon Supreme Court

Page 1069

356 P.2d 1069

225 Or. 30

William J. BAER, Executor of the Estate of Alice Baer deceased, Appellant, v. Julius L. VAN HUFFELL and Nettie Van Huffell, Respondents.

Supreme Court of Oregon.

Argued and Submitted Oct. 31, 1960.

Decided Nov. 23, 1960.

Gottlieb J. Baer, Bend, argued the cause and submitted briefs for appellant.

Winfrid Karl Liepe, Portland, argued the cause for respondents. With him on the brief were James F. Bodie, Prineville, Maguire, Shields, Morrison, Bailey & Kester, Portland.

Before McALLISTER, C. J., and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN, and KING, JJ.

PERRY, Justice.

This is an action to recover damages for the alleged negligence of the defendants which resulted in the unfortunate and untimely death of Alice Baer.

The trial court sustained the defendants' motion for a directed verdict and the plaintiff appeals.

The facts in the record disclose that on July 21, 1957, the deceased and her husband were social guests in the home of the defendants; that these parties were preparing to enjoy an outdoor picnic together that afternoon. At approximately 1:15 p. m. preparations were made to leave the defendants' home and the defendant Julius L. Van Huffell left the kitchen where the parties had been sitting and proceeded to the lavatory in the front portion of the house. At the same time, Mrs. Baer arose, and Mrs. Van Huffell, who stated she knew what the deceased wanted to do, said to her, 'You use the one back here.' There is a lavatory near the kitchen at the rear of the house, which is reached by going from the kitchen into a utility room and then into the lavatory. This was the lavatory to which Mrs. Van Huffell directed Mrs. Baer. Off the kitchen, in the direction of the utility room, are two doorways, one opening to the utility room and the other to the basement stairs. These doorways stand at right angles to each other in one corner of the kitchen and both doors open outward from the kitchen area.

There is evidence in the record, both on behalf of the plaintiff and the defendants, that when the door to the utility room is open portions of the lavatory door may be seen from certain positions in the kitchen. The door to the utility room was open at the time of the accident, but to what extent is not made certain. The deceased started for the lavatory, opened the door to the stairway leading to the basement, fell down the basement stairs, and suffered the injuries which resulted in her death.

There is also evidence the defendants knew that another person had fallen down these same stairs and that as an added safety feature the defendants had placed a hook on the basement door so that, even though the latch was turned, the door would not open until the hook was lifted. The hook was not in place when the deceased opened the basement door and fell.

There is uncontradicted evidence that the deceased had been a visitor in the home of the defendants on several occasions and on one occasion had visited the basement. There is no evidence that the deceased had ever been in the lavatory off the utility room. There is also evidence that in the daytime a window in the basement would cast a light on the...