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MARTIN v. UNION PACIFIC RAILROAD COMPANY

474 P.2d 739 (1970)

William F. MARTIN and Barbara B. Martin, Dba Martin Cattle Company, Appellants, v. UNION PACIFIC RAILROAD COMPANY, a Corporation, Spokane, Portland and Seattle Railway Company, a Corporation, and Oregon Trunk Railway System, a Corporation, Respondents.

Supreme Court of Oregon.

Decided September 30, 1970.

Attorney(s) appearing for the Case

John D. Burns, Portland, argued the cause for appellants. On the briefs were Joss, Bosch & Burns, and John G. Kolb, Portland.

Austin W. Crowe, Jr., Portland, argued the cause for respondent Union Pacific Railroad Company. With him on the brief were Randall B. Kester, Walter J. Cosgrave, and Maguire, Kester & Cosgrave, Portland.

Cleveland C. Cory, Portland, argued the cause for respondents Spokane, Portland and Seattle Railway Company, and Oregon Trunk Railway System. With him on the brief were Clarence R. Wicks, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

Before SLOAN, P.J., and O'CONNELL, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.

Argued and Submitted at Pendleton, May 4, 1970.

O'CONNELL, Chief Justice.

This is an action to recover damages for property damage caused by a fire which originated on or near a railroad right of way and spread onto plaintiffs' land. The action was commenced nearly four years after the damage occurred. The defendants demurred to the complaint on the ground that it disclosed on its face that the action was barred by the two-year statute of limitations, ORS...

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