ASHCRAFT v. SAUNDERS


444 P.2d 924 (1968)

L.C. ASHCRAFT, Irwin E. Moody and Lucie M. Moody, Respondents, v. Maurice E. SAUNDERS, Administrator with the Will Annexed of Estate of Samuel A. Agnew, A.K.A.S.A. Agnew, Deceased, D.B.A. Agnew Timber Products, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 5, 1968.


Attorney(s) appearing for the Case

William E. Taylor, Gold Beach, argued the cause and filed briefs for appellant.

Paul W. Haviland, Medford, argued the cause for respondents. On the brief were Haviland & Karaman, Medford.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE, and LUSK, JJ.


LUSK, Justice.

This is an action for damages for timber trespass. Plaintiffs recovered a judgment for treble damages pursuant to ORS 105.810 and defendant appeals.

Defendant concedes the trespass, but contends that plaintiffs are entitled to recover at most double damages, as provided in ORS 105.815. The trespass was committed by Samuel A. Agnew, through an agent. Agnew died before the action was commenced and the defendant is administrator of his estate....

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