SPEER & SONS NURSERY v. DUYCK

84-1238C; CA A44508.

759 P.2d 1133 (1988)

92 Or.App. 674

SPEER & SONS NURSERY, Inc., an Oregon Corporation, Appellant, v. Edmund DUYCK, an Individual, Respondent.

Court of Appeals of Oregon.

Decided August 24, 1988.

Reconsideration Denied October 14, 1988.


Attorney(s) appearing for the Case

Monica M. O'Brien, Portland, argued the cause for appellant. With her on the brief was Gleason, Scarborough, McNeese, O'Brien & Barnes, P.C., Portland.

Larry Dawson, Portland, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.


GRABER, Judge.

Plaintiff operates a tree nursery; defendant raises oats and wheat on land adjoining the nursery. Defendant sprayed herbicide on his crops from a tractor. Plaintiff, claiming that the herbicide had drifted onto and damaged its nursery stock, sued on theories of timber trespass, negligence, and strict liability. The trial court dismissed the strict liability claim for failure to state facts sufficient to constitute a claim, ORCP 21 A(8), on the basis...

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