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E. ST. JOHNS SHINGLE CO. v. PORTLAND

195 Or. 505 (1952)

246 P.2d 554

EAST ST. JOHNS SHINGLE CO. and GOTCHER v. CITY OF PORTLAND SCHMIDT v. CITY OF PORTLAND Consolidated on Appeal

Supreme Court of Oregon.

Affirmed July 3, 1952.

Attorney(s) appearing for the Case

James Arthur Powers, of Portland, argued the cause and filed briefs for appellants.

Marian C. Rushing, Chief Deputy City Attorney, of Portland, argued the cause for respondent. With her on the brief was Alexander G. Brown, City Attorney, of Portland.

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

AFFIRMED.

WARNER, J.

This appeal is from a judgment in favor of the defendant city in two actions tried together before a jury. The complaints in both are identical in form. Each is an action for damages alleged to have been caused by the city of Portland in dumping raw sewage into the Columbia slough, a navigable body of fresh water situated in Multnomah county. It is about 18 miles in length, south of and adjacent to the Columbia river, and extends generally...

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