BAUMBACH v. POOLE


511 P.2d 1219 (1973)

William E. BAUMBACH and Joan Baumbach, Respondents, v. Robert E. POOLE, Appellant.

Supreme Court of Oregon, In Banc.

Decided July 19, 1973.


Attorney(s) appearing for the Case

Fred A. Granata, Portland, argued the cause and filed briefs for appellant.

William T. Powers, of Powers, McKenna & Powers, Portland, argued the cause and filed a brief for respondents.


McALLISTER, Judge.

This is an action for trespass allegedly committed by defendant during the construction of a roadway on an easement over plaintiffs' property. The jury awarded plaintiffs $4,000 compensatory damages and $1,000 punitive damages. Defendant appeals. We reverse only as to the punitive damages.

The easement starts on the west at a public road and runs easterly through lands owned by persons not parties to this action, thence for about 1,450 feet...

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