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STATE FORESTER v. UMPQUA RIVER NAVIGATION CO.

478 P.2d 631 (1970)

STATE of Oregon, Acting by and through Its State FORESTER, and Western Lane Forest Protective Association, a Nonprofit Corporation of the State of Oregon, Appellants and Cross-Respondents, v. UMPQUA RIVER NAVIGATION COMPANY, an Oregon Corporation, Respondent and Cross-Appellant.

Supreme Court of Oregon.

Decided December 23, 1970.

Attorney(s) appearing for the Case

John W. Osburn, Asst. Atty. Gen., Salem, argued the cause for appellants and cross-respondents. With him on the briefs were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Thomas C. Stacer, Asst. Atty. Gen., Salem, and Geddes, Felker, Walton & Richmond, Roseburg.

Bruce Spaulding, Portland, argued the cause for respondent and cross-appellant. With him on the brief were Mautz, Souther, Spaulding, Kinsey & Williamson and Manley B. Strayer, Portland.

Before O'CONNELL, C.J., and SLOAN, DENECKE, HOLMAN, HOWELL, SCHWAB and LANGTRY, JJ.

DENECKE, Justice.

The plaintiffs are the State Forester and a governmental subdivision created for fire fighting purposes. Plaintiffs brought this statutory proceeding to recover the fire suppression costs incurred in fighting a large forest fire known as the Oxbow fire. Plaintiffs allege that the fire was started by the negligence of the defendant. A jury returned a verdict for defendant and plaintiffs appeal.

On August 20 the defendant, Umpqua River Navigation...

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