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STATE FORESTER v. OBRIST

237 Or. 63 (1964)

390 P.2d 333

STATE FORESTER v. OBRIST

Supreme Court of Oregon.

Affirmed March 18, 1964.

Attorney(s) appearing for the Case

Thomas C. Stacer, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General and Clarence R. Kruger, Assistant Attorney General, Salem.

Roger L. Dick, The Dalles, argued the cause for respondent. On the brief were Dick & Dick.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

AFFIRMED.

O'CONNELL, J.

Plaintiff brings this statutory action to recover the cost of controlling and extinguishing a forest fire. Plaintiff appeals from a judgment entered on an order sustaining a demurrer to plaintiff's complaint on the ground that the complaint failed to allege facts sufficient to constitute a cause of action.

The complaint alleged that in the operation of an engine defendant set fire to inflammable grass, stubble and debris and...

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