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DAVIS v. GEORGIA-PACIFIC CORPORATION

445 P.2d 481 (1968)

Lawrence E. DAVIS and Veva A. Davis, Husband and Wife, Respondents, v. GEORGIA-PACIFIC CORPORATION, a Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 25, 1968.

Attorney(s) appearing for the Case

Clifford N. Carlsen, Jr., Portland, argued the cause for appellant. With him on the briefs were Fredric A. Yerke, Jr., and Jean P. Lowman, Portland, William T. Hollen, Newport, and King, Miller, Anderson, Nash & Yerke, Portland.

Nels Peterson, Portland, argued the cause for respondents. With him on the brief were Donald H. Londer and Peterson, Chaivoe & Londer, Portland.

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

HOLMAN, Justice.

Plaintiff Veva Davis owns a residence in the city of Toledo. Subsequent to her occupation of the premises defendant commenced the operation of a pulp and paper plant in close proximity thereto. The plaintiffs, Mrs. Davis and her husband, testified the premises was rendered uninhabitable by the operation of defendant's plant because of the emanation therefrom of vibrations, offensive odors, fumes, gases, smoke and particulates which damage the residence...

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