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CROSS ET UX v. HARRIS

230 Or. 398 (1962)

370 P.2d 703

CROSS ET UX v. HARRIS

Supreme Court of Oregon.

Affirmed April 18, 1962.

Attorney(s) appearing for the Case

Ralph Currin, Pendleton, argued the cause for appellant. On the brief were Currin & French.

Gene B. Conklin, Pendleton, argued the cause for respondents. With him on the brief was Robert N. Funk.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

This is an action in trespass to recover damages for the partial destruction of growing crops caused by airplane spraying of such crops by the defendants with a poisonous chemical and herbicide.

The plaintiffs are the owners and operators of a farm in Umatilla County, Oregon. The defendant Clarence Harris is engaged in the business of aviation spraying and the defendant R.L. Witty was his employee and the pilot of the airplane which...

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