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SWEET ET AL. v. IRRIGATION CANAL CO.

198 Or. 166 (1953)

254 P.2d 700

256 P.2d 252

SWEET ET AL. v. IRRIGATION CANAL CO.

Supreme Court of Oregon.

Reversed and remanded March 4, 1953.

Petition for rehearing denied April 29, 1953.

Attorney(s) appearing for the Case

Charles R. Cater, of La Grande, argued the cause and filed a brief for appellants.

George T. Cochran argued the cause for respondent. On the brief were Cochran & Eberhard, of La Grande.

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

REVERSED AND REMANDED.

LUSK, J.

Plaintiffs brought this suit as an abutting owner to obtain a decree enjoining the maintenance by the defendant of an irrigation ditch in a county road as an open ditch which interferes with the plaintiffs' right of ingress and egress to and from their land.

Defendant, in its amended answer, denies that the ditch is in the county road, and sets up certain affirmative defenses...

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