STEVENS v. HAY


519 P.2d 1040 (1974)

Irving C. STEVENS and Jeanette Stevens, Husband and Wife, Appellants, v. William G. HAY and Georgiana F. Hay, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided February 14, 1974.


Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellants. With him on the brief were Dezendorf, Spears, Lubersky & Campbell, Wayne Hilliard, Anthony J. Barker and Laurence F. Janssen, Portland.

Gerald R. Hayes, Portland, argued the cause and filed a brief for respondents.


DENECKE, Justice.

Plaintiffs brought this suit to enjoin the defendants from releasing into the air particulates which were carried onto plaintiffs' property. Plaintiffs alleged that these particulates caused them to become ill and asked for damages because of their illness. The trial court ordered a limited injunction and awarded nominal damages. Plaintiffs appeal.

Plaintiffs, husband and wife, and their two children, ages eight and ten, live in a beach resort...

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