DIERCKS v. HODGDON


237 Or. 186 (1964)

390 P.2d 935

DIERCKS ET UX v. HODGDON

Supreme Court of Oregon.

Affirmed April 8, 1964.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause for appellant. With him on the briefs was George R. Goodrich, Tillamook.

Douglas E. Kaufman, Tillamook, argued the cause for respondents. On the brief were McMinimee & Kaufman, Tillamook.

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


AFFIRMED.

GOODWIN, J.

Defendant, operator of a shingle mill, appeals from a decree enjoining him from permitting smoke, cinders, and ashes to invade the plaintiff's residential property, and granting other relief.

1. There was clear and convincing evidence to the effect that the operations of the defendant's shingle mill caused an abatable nuisance in the particulars enjoined. The record fully supported the trial court's decree.

2. The appellant...

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