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MILLER v. GRANTS PASS IRRIGATION DIST.

Nos. 77-716-L; 77-731-L, CA 14444.

609 P.2d 859 (1980)

45 Or.App. 823

Robert MILLER, Appellant, v. GRANTS PASS IRRIGATION DISTRICT, a Quasi Municipal Corporation and State of Oregon, Respondents. Lisa Miller, a Minor, by and through Her Guardian Ad Litem Robert Miller, Appellant, v. Grants Pass Irrigation District, a Quasi Municipal Corporation and State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided April 14, 1980.

Attorney(s) appearing for the Case

James C. Waggoner, Portland, argued the cause for appellant. With him on the briefs were Lloyd B. Ericsson, Jeffrey C. Bodie, and Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

John W. Eads, Jr., Medford, argued the cause for respondent Grants Pass Irrigation District. On the brief were Thomas D. Melum, William V. Deatherage, and Frohnmayer, Deatherage, Foster & Purdy, Medford.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent State of Oregon. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

JOSEPH, Presiding Judge.

Plaintiffs were injured on June 7, 1976, when their boat was swept over the Savage Rapids Dam by the current of the Rogue River. Plaintiffs brought actions against Grants Pass Irrigation District and the State of Oregon for personal injuries allegedly resulting from defendants' negligent and reckless conduct and maintenance of a nuisance. Assigning as error the granting of defendants' motions for summary judgment, plaintiff makes three arguments...

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