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ABBOTT v. WEST EXTENSION IRR. DIST.

CV88-418; CA A61651.

822 P.2d 747 (1991)

110 Or.App. 385

Christina ABBOTT, Personal Representative for the Estate of Justin Martin Abbott, Deceased, Appellant, v. WEST EXTENSION IRRIGATION DISTRICT, a Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided December 26, 1991.

Attorney(s) appearing for the Case

Michael H. Bloom, Portland, argued the cause and filed the briefs for appellant.

Janet M. Schroer, Portland, argued the cause for respondent. With her on the brief were Ridgway K. Foley, Jr., P.C., Richard J. Kuhn and Schwabe, Williamson & Wyatt, Portland.

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

JOSEPH, Chief Judge.

Defendant is a municipal corporation that owns a 26-mile long irrigation canal in Umatilla County. The canal was built in 1916 and includes a right of way 100 to 200 feet wide on both sides of its course. Part of the canal is in a residential area in the city of Umatilla. It is not fenced, and no warning signs are posted along it. On September 12, 1987, plaintiff's 4-year-old son, Justin, fell into it and drowned. Plaintiff brought a wrongful...

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