BROWN v. JOHNSTON


482 P.2d 712 (1971)

W. Frank BROWN and Adah B. Brown, Husband and Wife, Respondents, v. Benjamin L. JOHNSTON and Betty Johnston, Husband and Wife, Appellants.

Supreme Court of Oregon, Department 2.

Decided March 24, 1971.


Attorney(s) appearing for the Case

Harrison R. Winston, Roseburg, argued the cause and filed a brief for appellants.

Robert H. Anderson, Roseburg, argued the cause for respondents. With him on the brief were Stults, Jayne, Murphy & Anderson, Roseburg.

Before O'CONNELL, C.J., and DENECKE, TONGUE and BRYSON, JJ.


BRYSON, Justice.

This is an action in trespass for damages wherein plaintiffs claim they sustained injury to a sycamore tree on their residential property. The case was tried to a jury; defendants appeal from the judgment in favor of plaintiffs.

The defendants assign as error the circuit court's denial of their motion for a directed verdict, contending there was no evidence adduced which would support the jury's finding in favor of the plaintiffs. As stated...

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