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TAYLOR v. EAGLE POINT IRRIGATION DISTRICT

474 P.2d 774 (1970)

Mark TAYLOR, a Minor, by and through George B. Taylor, His Guardian Ad Litem, Respondent, v. EAGLE POINT IRRIGATION DISTRICT, Appellant.

Court of Appeals of Oregon, Department 2.

Decided October 2, 1970.

Attorney(s) appearing for the Case

William V. Deatherage, Medford, argued the cause for appellant. On the briefs were Frohnmayer, Lowry & Deatherage, Medford.

Thomas J. Owens, Medford, argued the cause for respondent. On the brief were Hogan, Courtright & Owens, Medford.

Before SCHWAB, C.J., and LANGTRY and BRANCHFIELD, JJ.

LANGTRY, Judge.

Defendant appeals from an order granting plaintiff's motion for voluntary nonsuit, made after both sides had rested and defendant had moved for a directed verdict. Plaintiff sued for damages resulting from personal injuries suffered in an accident which involved his being drawn through a culvert carrying water from one of defendant's canals. The defenses included alleged contributory negligence and assumption...

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