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STATE v. THE CALIF. ORE. POWER CO.

225 Or. 604 (1961)

358 P.2d 524

STATE OF OREGON v. THE CALIFORNIA OREGON POWER COMPANY

Supreme Court of Oregon.

Affirmed January 5, 1961.

Petition for rehearing denied January 31, 1961.

Attorney(s) appearing for the Case

Thomas C. Stacer, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

George M. Roberts and Edward Branchfield, argued the cause for respondent. On the brief were Roberts, Kellington & Branchfield, Medford.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN and HOWELL, Justices.

AFFIRMED.

O'CONNELL, J.

Plaintiff brought this action on October 10, 1956 against The California Oregon Power Company under the provisions of ORS 477.066-477.071 to recover expenses of $40,682.40 incurred by plaintiff in suppressing a forest fire alleged to have originated on defendant's right of way. Two causes of action are alleged: First, that defendant was negligent with respect to the origin of the fire and, second, that defendant, after notice of the...

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