LEONARD v. WEST EXTENSION IRRIGATION DISTRICT


459 P.2d 549 (1969)

Mervin LEONARD, Appellant, v. WEST EXTENSION IRRIGATION DISTRICT, a Municipal Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided October 15, 1969.


Attorney(s) appearing for the Case

Herman W. Winter, Heppner, argued the cause for appellant. On the brief were Winter & Balfe.

John H. Kottkamp, Pendleton, argued the cause for respondent. On the brief were Kottkamp & O'Rourke.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


McALLISTER, Justice.

The plaintiff brought this action to recover for 25 head of cattle drowned in defendant's irrigation canal. The court directed a verdict for defendant and plaintiff appeals.

Plaintiff contends that defendant owed a duty to provide and maintain a fence along its canal adequate to keep thirsty cattle out of the canal and that its negligence in performing that duty was the cause of plaintiff's loss.

There is little dispute about the...

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