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BROWN, ADM'X v. GESSLER

191 Or. 503 (1951)

230 P.2d 541

BROWN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF WM. F. BROWN, DECEASED, v. GESSLER ET AL.

Supreme Court of Oregon.

Affirmed April 25, 1951.

Attorney(s) appearing for the Case

John D. Galey, of Sweet Home, argued the cause for respondent and cross-appellant. On the briefs were Galey & Galey, of Sweet Home.

William R. Thomas, of Lebanon, argued the cause for appellants. On the briefs were Morley & Thomas, of Lebanon.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, WARNER and TOOZE, Justices.

AFFIRMED.

TOOZE, J.

This action was commenced by William F. Brown and Mildred C. Brown, his wife, as plaintiffs, against George Gessler and wife and George Gessler, Jr. and wife, as defendants, to recover damages for injuries to real and personal property, alleged to have resulted from water escaping from an excavation on defendants' land onto the adjoining land of plaintiffs and into the basement of plaintiffs' building located thereon. There was a verdict...

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