Reter v. Talent Irrigation District

I agree with that portion of the majority opinion which holds that the theory of absolute liability under Rylands v. Fletcher should not be applied in this case. However, I believe that the plaintiff’s case was properly submitted to the jury on the theory of negligence and that defendant’s liability should not be predicated on intentional trespass.

The majority opinion states that intrusion by the flow of water always has been regarded as trespassory, citing Union Pacific R.R. Co. v. Vale Irrigation Dist., 253 F Supp 251, 258 (D Or 1966); Levene et ux v. City of Salem, 191 Or 182, 190, 229 P2d…