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LANNING v. STATE HIGHWAY COMMISSION

515 P.2d 1355 (1973)

Leonard L. LANNING and Marian M. Lanning, Husband and Wife, Respondents, v. STATE of Oregon, Acting by and through Its Duly Authorized Agency, State HIGHWAY COMMISSION, et al., Appellants.

Court of Appeals of Oregon.

Decided November 13, 1973.

Attorney(s) appearing for the Case

Sam F. Speerstra, Salem, argued the cause for appellants. With him on the brief were Rhoten, Rhoten & Speerstra, Salem.

James D. Vick, Salem, argued the cause for respondents. With him on the brief were Stager & Vick, Salem.

Before LANGTRY, P.J., and FOLEY and THORNTON, JJ.

LANGTRY, Presiding Judge.

This is an action in tort for negligence. The issues presented relate to defendant-appellant Highway Commission's and its engineer's defense of immunity.

Thomas Creek flows from the Western Cascade mountains through Linn County before entering the South Santiam River. On January 20 and 21, 1972, heavy rains raised the level of Thomas Creek and considerable amounts of slashing, tree trunks and debris were carried in the flood waters...

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