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SMEJKAL v. RICE

TC 36-895; SC 25463.

582 P.2d 2 (1978)

283 Or. 133

James A. SMEJKAL, Appellant, v. Richard L. RICE and Helen M. Rice, Taylor Lumber Company, an Oregon Corporation, John C. Taylor Lumber Sales, Inc., an Oregon Corporation, and H.A. Schmidlin, Respondents.

Supreme Court of Oregon, Department No. 2.

Decided August 1, 1978.

Attorney(s) appearing for the Case

Gary D. Rossi, of Stevenson, Rossi, Lesan & Johansen, Coos Bay, argued the cause and filed the briefs for appellant.

Mervin W. Brink, of Brink, Moore, Brink & Peterson, Hillsboro, argued the cause and filed the brief for respondents.

Before DENECKE, C.J., and TONGUE, BRYSON and LINDE, JJ.

TONGUE, Justice.

This is an action for damages for timber trespass under ORS 105.810.1 The case was tried before the court, sitting without a jury. Plaintiff appeals from a judgment against defendants in the sum of $840, despite testimony as to the amount and value of the timber cut by defendants which, as conceded by plaintiff, supported the entry of a judgment in that amount.2

Plaintiff recognizes...

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