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McKENNEY v. OREGON AM. LBR. CO.

209 Or. 140 (1956)

304 P.2d 426

McKENNEY ET AL v. OREGON AMERICAN LUMBER COMPANY ET AL

Supreme Court of Oregon.

Appeal dismissed December 12, 1956.

Attorney(s) appearing for the Case

Robert A. Leedy, Portland, argued the cause for plaintiffs-respondents. On the brief were Patterson & Patterson, Seattle, and Pendergrass, Spackman & Bullivant, Portland.

Randall B. Kester and Manley B. Strayer, Portland, argued the cause for defendants-appellants. With them on the briefs were Hart, Spencer, McCulloch, Rockwood & Davies and Mautz, Souther, Spaulding, Denecke & Kinsey, Portland, for Oregon American Lumber Company; Maguire, Shields, Morrison & Bailey, Portland, for Consolidated Timber Company; Francis E. Sturgis, Hillsboro, for Carnation Lumber Company; Warren A. McMinimee, Tillamook, for Inland Logging Company; G. Russell Morgan, Hillsboro, for Bert Lampa.

APPEAL DISMISSED.

LUSK, J.

This is an action to recover damages for the destruction of and injury to timber, logs and logging equipment alleged to have been caused by forest fires originating and spreading through the negligence of the defendants. In addition to answering to the merits, the defendants filed separate pleas in abatement averring that the state of Oregon, Tillamook County, Tillamook Yellow Fir Company, a Michigan corporation, and H.F. Scritsmier...

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