PETERS v. CITY OF MEDFORD

89-1306-L-3; CA A64103.

818 P.2d 517 (1991)

109 Or.App. 26

Robert PETERS and Genevieve Peters, Appellants, v. CITY OF MEDFORD, a Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided September 25, 1991.


Attorney(s) appearing for the Case

Robert H. Grant, Medford, argued the cause and filed the briefs for appellants.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were I. Franklin Hunsaker, Ronald E. Bailey, and Bullivant, Houser, Bailey, Pendegrass & Hoffman, Portland.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Plaintiffs brought this negligence action for property damage caused by a flow of sewage into their home. They appeal a judgment on a jury verdict for defendant. We reverse.

Plaintiffs' home is served by defendant's sewer system. Defendant's sanitation department received a call about a plugged sewer line at a nearby country club. It unplugged the line with a high-pressure water hose. Within an hour, sewage began pouring out of plaintiffs'...

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