
    Argued September 9, 1969,
    affirmed February 27, 1970,
    petition for rehearing denied April 27,1971
    WAGNER et ux, Respondents, v. TALENT IRRIGATION DISTRICT, Appellant.
    
    466 P2d 619
    
      Thomas C. Howser and William E. Duhaime, Med-ford, argued the cause for appellant. With them on the briefs were Brophy, Wilson & Duhaime, Medford.
    
      A. Allan Franzke, Portland, argued the cause for respondents. On the brief were Frohnmayer, Lowry & Deatherage, Medford.
    Before Perry, Chief Justice, and Sloan, O’Connell, Goodwin and IIolman, Justices.
    
      
       Goodwin, J., resigned December 19, 1969.
    
   O’CONNELL, J.

This is an action to recover damages alleged to have been sustained as a result of seepage from defendant’s irrigation canal. Defendant appeals from an order of the Circuit Court for Jackson County granting a new trial.

The two assignments of error presented on this appeal present the same issues as those raised in the companion case of Furrer v. Talent Irrigation District, decided this day. Adopting the reasoning in the Furrer case, we hold that the trial court did not err in granting a new trial.

Affirmed.  