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FAST v. WESTERN TRANSP. CO.

No. A7711-16481; CA 12257; SC 26239.

604 P.2d 400 (1979)

288 Or. 193

William FAST, Respondent, v. WESTERN TRANSPORTATION COMPANY, Petitioner.

Supreme Court of Oregon.

Decided December 18, 1979.

Attorney(s) appearing for the Case

Alex L. Parks, of White, Sutherland, Parks & Allen, Portland, argued the cause for petitioner. On the briefs was William F. White, Portland.

William B. Aitchison, of Franklin, Bennett, Ofelt & Jolles, P.C., Portland, argued the cause and on brief for respondent.

Erskine B. Wood, of Wood, Tatum, Mosser, Brooke & Holden, Portland, on brief amicus curiae for Columbia River Tugboat Assn.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL, LINDE and PETERSON, JJ.

DENECKE, Chief Justice.

Plaintiff brought this action to recover damages for the partial destruction of his floating dock. The dock had been moored to plaintiff's property on the Willamette River. Directly across the river from plaintiff's property lies a commercial dock, at which barges are loaded with sawdust. Defendant operates several tugboats, which transport barges to and from the sawdust dock. The river in front of plaintiff's property is only 400 feet wide...

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