SWANGO v. COUNTRY SQUIRE MOTEL


247 Or. 601 (1967)

431 P.2d 839

SWANGO ET UX, Appellants, v. THE COUNTRY SQUIRE MOTEL, INC., ET AL, Respondents.

Supreme Court of Oregon.

Affirmed September 20, 1967.


Attorney(s) appearing for the Case

Charles O. Porter, Eugene, argued the cause for appellants. With him on the briefs were Porter & Bach and Peter Kelsay, Eugene.

Richard Bryson, Eugene, argued the cause for respondents D-Lee, Inc., and Vira Corp. On the brief were Calkins & Bryson and Darling, Vonderheit, Hershner & Hunter, Eugene.

Daryll E. Klein, Portland, argued the cause for respondent The Country Squire Motel. On the brief were John H. Arenz and McMenamin, Blyth, Jones & Joseph, Portland.

Richard W. Butler, Eugene, argued the cause for respondents Texaco, Inc., and Shell Oil Company. On the brief were Thwing, Ferris, Atherly & Butler, Eugene.

Darling, Vonderheit, Hershner & Hunter, Eugene, filed a brief for respondent Standard Oil Company of California.

Before PERRY, Chief Justice, and McALLISTER, O'CONNELL, DENECKE and HOLMAN, Justices.


AFFIRMED.

PER CURIAM.

Plaintiffs brought this suit to enjoin alleged water pollution and for damages incurred because plaintiffs' cattle became ill from drinking such polluted water. The suit was tried without a jury and the trial court found for the defendants. The plaintiffs appeal.

1. This is a suit in equity and, therefore, tried de novo before this court; however, considerable weight is given to the trial court's findings.

The defendants...

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