ALLEN v. CITY OF GOLD BEACH


506 P.2d 507 (1973)

Harold ALLEN, Respondent, v. CITY OF GOLD BEACH, a Municipal Corporation, Appellant.

Court of Appeals of Oregon.

Decided February 12, 1973.


Attorney(s) appearing for the Case

William E. Taylor, City Atty., Gold Beach, argued the cause and filed the brief for appellant.

Robert F. Walberg, Coos Bay, argued the cause for respondent. With him on the brief were Walsh, Chandler & Walberg, Coos Bay.

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


FORT, Judge.

The complaint in this tort action alleged plaintiff's home was negligently damaged by ground waters wrongfully diverted by the defendant city from its normal flow along a publicly maintained street. It charged negligence both in the form of improper ditching and in the failure to properly maintain a city culvert under the street. The city conceded in its answer that the plaintiff's property "`* * * is subject...

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