Taylor v. Eagle Point Irrigation District

Defendant appeals from an order granting plaintiff’s motion for voluntary nonsuit, made after both sides had rested and defendant had moved for a directed verdict. Plaintiff sued for damages resulting from personal injuries suffered in an accident which involved his being drawn through a culvert carrying water from one of defendant’s canals. The defenses included alleged contributory negligence and assumption of risk. Plaintiff did not allege or prove that a claim had been submitted to the irrigation district prior to the commencement of the action, as required by ORS 545.562.

At conclusion of…