WAMPLER v. SHERWOOD


574 P.2d 319 (1978)

281 Or. 261

Floyd H. WAMPLER and Jean V. Wampler, Husband and Wife, Respondents, v. Hugh M. SHERWOOD, Jr., and Marguerite F. Sherwood, Husband and Wife, Appellants.

Supreme Court of Oregon, Department No. 2.

Decided February 8, 1978.


Attorney(s) appearing for the Case

Jack A. Gardner, of Gardner, Honsowetz & Johnson, Eugene, argued the cause and filed the briefs for appellants.

Donald A. Bick, of Bick & Monte, Eugene, argued the cause and filed the brief for respondents.

Before DENECKE, C.J., TONGUE and LINDE, JJ., and RICHARDSON, J. Pro Tem.


TONGUE, Justice.

This is an action for timber trespass. The case was tried before a jury, which returned a verdict in favor of plaintiffs, assessed damages in the sum of $10,078.03 and, in response to a special interrogatory, found that the actions of the defendants were willful. Judgment was then entered against defendants Sherwood for $25,734.09, representing treble damages, less an offset for amounts recovered from other defendants. Defendants Sherwood appeal....

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