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MARSH v. WALTERS

242 Or. 210 (1965)

408 P.2d 929

MARSH ET UX v. WALTERS ET UX

Supreme Court of Oregon.

Modified and remanded December 15, 1965.

Attorney(s) appearing for the Case

Kenneth M. Abraham, Hood River, argued the cause for appellants. On the brief were Parker & Abraham, Hood River.

Sam Van Vactor, The Dalles, argued the cause for respondents. On the brief were Brown & Van Vactor, The Dalles.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, LUSK and SCHWAB, Justices.

MODIFIED AND REMANDED.

GOODWIN, J.

W.H. Marsh and his wife brought suit for damages and for an injunction against Rudy R. Walters and his wife for permitting water to flow upon the land of the plaintiffs. The trial court allowed damages for an admitted trespass and granted the requested injunction. The defendants appeal only from that portion of the decree which contains the injunction.

The admitted trespass...

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