MEYER v. HARVEY ALUMINUM


501 P.2d 795 (1972)

Wilson J. MEYER and Mary Ann Meyer, Husband and Wife, Respondents, v. HARVEY ALUMINUM (Incorporated), a California Corporation, and Harvey Aluminum of Oregon, Inc., an Oregon Corporation, Appellants.

Supreme Court of Oregon.

Decided October 9, 1972.


Attorney(s) appearing for the Case

Fredric A. Yerke, and Douglas M. Ragen, Portland, argued the cause for appellants. With them on the briefs were Gibson, Dunn & Crutcher, Samuel O. Pruitt, Jr., Richard D. Hall, Los Angeles, Cal., and Miller, Anderson, Nash, Yerke & Wiener, Portland.

Arden E. Shenker and Lamar Tooze, Jr., Portland, argued the cause for respondents. With Mr. Tooze on the brief were Tooze, Powers, Kerr, Tooze & Peterson, Portland.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, HOWELL, BRYSON and LANGTRY, JJ.


DENECKE, Justice.

Plaintiffs obtained a judgment in the sum of approximately one-half million dollars for injuries to their fruit crops and trees caused by emissions from defendants' aluminum plant. Defendants appeal.

I

Qualifications of Opinion Witness

Plaintiffs recovered damages for the excessive number of apricot culls, apparently, only for the year 1965. The only evidence that an excessive number of culls was caused by fluorides...

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