EDWARDS v. TALENT IRRIGATION DIST.


570 P.2d 1169 (1977)

280 Or. 307

Vern E. EDWARDS and Cecila R. Edwards, Respondents, v. TALENT IRRIGATION DISTRICT, an Oregon Corporation, Appellant.

Supreme Court of Oregon.

Decided November 8, 1977.


Attorney(s) appearing for the Case

Patrick Ford, of Ford & Cowling, Medford, argued the cause and filed briefs for appellant.

Donald M. Pinnock, of Davis, Ainsworth & Pinnock, Ashland, argued the cause for respondents. With them on the brief was Jack Davis, Ashland.

Before DENECKE, C.J., and HOLMAN, HOWELL, BRYSON, LENT and LINDE, JJ.


DENECKE, Chief Justice:

Plaintiffs filed this action in both trespass and negligence asserting that they had suffered damage as a result of the entry of water onto their property caused by defendant's irrigation ditch. The jury returned a verdict in favor of plaintiffs on the negligence issues only. Plaintiffs recovered general damages for mental anguish and special damages. Defendant appealed.

Defendant asserts that the trial court erred in refusing to strike...

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