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HAGER v. TIRE RECYCLERS, INC.

9211-08008; CA A82492.

901 P.2d 948 (1995)

136 Or. App. 439

Randy HAGER and Linda Hager, Appellants, v. TIRE RECYCLERS, INC., a Washington corporation, Developers Insurance Company, a California corporation, and Contractors Bonding and Insurance Company, a Washington corporation, Defendants, and Groat Brothers, Inc., a Washington corporation, Respondent.

Court of Appeals of Oregon.

Decided September 6, 1995.

Attorney(s) appearing for the Case

David F. Sugerman, Portland, argued the cause for appellants. With him on the briefs was Paul & Sugerman.

James M. Callahan, Portland, argued the cause for respondent. With him on the brief was Callahan & Shears, P.C.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LANDAU, Judge.

Plaintiffs appeal from a judgment entered in favor of defendants in this case involving claims of intentional trespass and negligence. We reverse and remand.

The facts relevant to the appeal are not disputed. Plaintiffs own a 19.5-acre parcel of property through which two unnamed tributaries of the Sandy River run. During the wet season, the streams run at approximately 150 gallons per minute. During the dry season, the streams run at "a trickle...

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