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UNITED STATES v. FIRCHAU

234 Or. 241 (1963)

380 P.2d 800

UNITED STATES OF AMERICA v. FIRCHAU

Supreme Court of Oregon.

Reversed and remanded April 17, 1963.

Petition for rehearing denied May 14, 1963.

Attorney(s) appearing for the Case

Margaret S. Willick, Attorney, Department of Justice, Washington, D.C., argued the cause for appellant. With her on the briefs were Ramsey Clark, Assistant Attorney General of the United States, and Roger P. Marquis, Attorney, Department of Justice, Washington, D.C.; Sidney I. Lezak, Acting United States Attorney, and David Robinson, Jr., Assistant United States Attorney, Portland.

Carl R. Neil, Portland, argued the cause for respondent. With him on the brief were Krause, Lindsay & Nahstoll, Portland.

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

REVERSED AND REMANDED.

GOODWIN, J.

This is a timber-trespass action under ORS 105.815. The sole question is whether mitigation of damages (when allowable) must be calculated before or after the damages are doubled pursuant to the statute.

ORS 105.810. "* * * [W]henever any person, without lawful authority, wilfully injures or severs from the land of another any produce thereof or cuts down, girdles or otherwise...

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