ELMORE v. ALOHA SANITARY SERVICE


473 P.2d 130 (1970)

Bobby J. ELMORE, Appellant, v. ALOHA SANITARY SERVICE, a Municipal Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided August 5, 1970.


Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed a brief for appellant.

George M. Joseph, Portland, argued the cause for respondent. With him on the brief were Morrison & Bailey, Portland, and Schwenn, Bradley & Batchelor and Carrell Bradley, Hillsboro.

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


SLOAN, Justice.

This is an action for personal injuries sustained by an employee of a contractor who was engaged in the construction of sewer trenches for the defendant sewer district, pursuant to a contract. The trial court held that defendant was protected by government immunity. We need not decide if the complaint otherwise states a cause of action and that there would be a duty and responsibility from the sanitary district to this employee if governmental immunity...

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