HURD v. BYRNES


506 P.2d 686 (1973)

Donald HURD and Linda Hurd, Husband and Wife, Respondents, v. J.R. BYRNES, Doing Business As Asphalt Paving Co., Appellant.

Supreme Court of Oregon, In Banc.

Decided March 1, 1973.


Attorney(s) appearing for the Case

H.F. Smith, Klamath Falls, argued the cause and filed briefs for appellant.

Robert S. Hamilton, Klamath Falls, argued the cause for respondents. With him on the brief were Beddoe & Hamilton, Klamath Falls.


O'CONNELL, Chief Justice.

This is a suit to enjoin defendant from trespassing upon a parcel of land to which plaintiffs claim title. Plaintiffs also pray for damages as a result of the alleged trespass. The trial court entered a decree in favor of plaintiffs, restraining defendant from entering upon the property and awarding plaintiffs damages in the amount of $1,500. Defendant appeals.

The property in question is a 25-foot wide strip of land running from...

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