KAHL v. TEXACO, INC.


574 P.2d 650 (1978)

281 Or. 337

H. Don KAHL and Norma J. Kahl, Husband and Wife, and Rogue Beauty College, Inc., an Oregon Corporation, Appellants, v. TEXACO, INC., a Delaware Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 14, 1978.


Attorney(s) appearing for the Case

Richard A. Stark of Haviland, deSchweinitz, Stark & Hammack, Medford, argued the cause and filed a brief for appellants.

Patrick Ford of Ford & Cowling, Medford, argued the cause and filed a brief for respondent.


BRYSON, Justice.

Plaintiffs brought this action to recover damages from defendant for diminution of the market value of their property. Judgment was entered on a defendant's jury verdict and plaintiffs appeal.

The complaint, so far as it is relevant to this appeal, alleged that defendant was negligent in raising its land several feet, building a retaining wall next to plaintiffs' property line, and constructing a storm drain in the wall at too high a level...

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