WAGNER v. TALENT IRRIGATION DISTRICT


466 P.2d 619 (1970)

Robert A. WAGNER and Ann Wagner, Husband and Wife, Respondents, v. TALENT IRRIGATION DISTRICT, a Quasi-Municipal Corporation of the State of Oregon, Appellant.

Supreme Court of Oregon.

Decided February 27, 1970.


Attorney(s) appearing for the Case

Thomas C. Howser and William E. Duhaime, Medford, argued the cause for appellant. With them on the briefs were Brophy, Wilson & Duhaime, Medford.

A. Allan Franzke, Portland, argued the cause for respondents. On the brief were Frohnmayer, Lowry & Deatherage, Medford.

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


O'CONNELL, Justice.

This is an action to recover damages alleged to have been sustained as a result of seepage from defendant's irrigation canal. Defendant appeals from an order of the Circuit Court for Jackson County granting a new trial.

The two assignments of error presented on this appeal present the same issues as those raised in the companion case of Furrer v. Talent Irrigation District, Or.,

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