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CHASE v. HENDERSON

509 P.2d 1188 (1973)

Milton A. CHASE and Belva Joy Chase, Respondents, v. C.H. HENDERSON, Also Known As Herb Henderson, Also Known As Charles H. Henderson, Appellant.

Supreme Court of Oregon.

Decided May 17, 1973.

Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, argued the cause and filed a brief for appellant.

Robert D. Woods, Eugene, argued the cause for respondents. With him on the brief were Riddlesbarger, Pederson, Young & Horn, Eugene.

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

DENECKE, Justice.

Plaintiffs recovered a judgment for damages to their annual pole bean crop allegedly caused by the drift of a chemical spray which defendant applied from a helicopter to a nearby pasture. Defendant appeals.

The case was submitted to the jury upon the theory of unintentional, non-negligent trespass. In Loe v. Lenhardt, 227 Or. 242, 362 P.2d 312 (1961), we specifically held that...

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