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CUMMINS v. CITY OF WEST LINN

536 P.2d 455 (1975)

William F. CUMMINS, Appellant, v. CITY OF WEST LINN, Respondent.

Court of Appeals of Oregon.

Decided June 9, 1975.

Attorney(s) appearing for the Case

Charles Robinowitz, Portland, argued the cause and filed the briefs for appellant.

John E. Hart, Portland, argued the cause for respondent. With him on the brief were Henry C. Willener and Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

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

LEE, Judge.

Plaintiff charged negligence on the part of the city (1) in maintaining an inadequate sewer system; (2) in failing to install equipment that would check sewage backflow; and (3) in failing to warn that defendant's sewer system was inadequate. The city made a general denial and affirmative defense that plaintiff had illegally attached roof drains to his sewer outflow. For want of other evidence of negligence, plaintiff urged the theory of res ipsa loquitur...

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