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McDAID v. CITY OF PENDLETON

478 P.2d 642 (1970)

Michael McDaid, Appellant, v. CITY OF PENDLETON, a Municipal Corporation, Respondent.

Court of Appeals of Oregon, Department 2.

Decided December 23, 1970.

Attorney(s) appearing for the Case

Robert D. Dayton, John Day, argued the cause and filed the briefs for appellant.

George H. Corey, Pendleton, argued the cause for respondent. On the brief were Corey, Byler & Rew, Pendleton.

Before SCHWAB, C.J., and FOLEY, FORT and BRANCHFIELD, JJ.

FOLEY, Judge.

This is an appeal from a judgment entered following an order sustaining a demurrer to plaintiff's complaint after plaintiff's refusal to amend his complaint.

Plaintiff's complaint alleged that his real property in the City of Pendleton was damaged by the intrusion thereon of water, debris and broken pipe from the explosion of a pressurized water main under the city street adjacent to plaintiff's property. Damages were claimed for a broken retaining...

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