LEWIS v. KLAMATH IRRIGA. DIST.


237 Or. 466 (1964)

391 P.2d 774

LEWIS ET AL v. KLAMATH IRRIGATION DISTRICT

Supreme Court of Oregon.

Affirmed April 29, 1964.


Attorney(s) appearing for the Case

A.C. Yaden, Klamath Falls, argued the cause and filed briefs for appellants.

William Ganong, Klamath Falls, argued the cause for respondent. With him on the brief were Ganong & Ganong and Ernest F. Gordon, Klamath Falls.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL and LUSK, Justices.


AFFIRMED.

SLOAN, J.

In this action plaintiffs alleged that they had been entitled to the use and benefit of the waters from a hot spring and that defendant, contrary to its duty to plaintiffs, had permitted the waters from the spring to become unusable. Plaintiffs brought this action for alleged damage and prevailed by a jury verdict. The trial court later entered an order allowing a new trial upon the court's own motion. Plaintiffs appeal from that order...

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