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LOE ET UX v. LENHARD ET AL

227 Or. 242 (1961)

362 P.2d 312

LOE ET UX v. LENHARD ET AL

Supreme Court of Oregon.

Reversed and remanded May 17, 1961.

Attorney(s) appearing for the Case

Paul M. Reeder, Hillsboro, argued the cause and filed briefs for appellants.

Asa Lewelling, Salem, argued the cause for respondent Lenhardt. On the brief were Lewelling & Gies, Salem.

J. Ray Rhoten, Salem, argued the cause for respondent Schnider. On the brief were Rhoten, Rhoten & Speerstra, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

The plaintiffs, who raise seed crops on their farm near Silverton, appeal from judgments entered in favor of two defendants in an action of trespass for crop damage resulting from the spraying of chemicals by airplane.

The defendant Lenhardt operated the aircraft which applied the chemicals. The defendant Schnider owned the lands adjacent to the plaintiffs' farm and hired the services of Lenhardt. Upon the conclusion...

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