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NOLEN v. MARTIN BROS. CONTAINER & TIMBER PRODUCTS CORP.

236 Or. 631 (1964)

390 P.2d 175

NOLEN ET UX v. THE MARTIN BROS. CONTAINER & TIMBER PRODUCTS CORP.

Supreme Court of Oregon.

Reversed and remanded March 11, 1964.

Attorney(s) appearing for the Case

Edward M. Murphy, Roseburg, argued the cause for appellant. With him on the brief were Stults, Jayne & Murphy, Roseburg.

Clifford B. Olsen, Portland, argued the cause for respondents. On the brief were Franklin, Olsen, Bennett & Des Brisay, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, O'CONNELL, GOODWIN and LUSK, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

Plaintiffs seek damages for injury to their house and contents from the surface or flood waters allegedly diverted upon their land by the conduct of defendant. Defendant appeals from a judgment entered on verdict for plaintiffs.

Plaintiffs allege that defendant filled in a slough which was a natural course for surface waters and for the overflow from defendant's mill pond...

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