KOOS v. ROTH

No. 50967; CA 12908.

602 P.2d 1128 (1979)

43 Or.App. 383

George KOOS and Agnes V. Koos, Respondents, v. Kenneth ROTH, Appellant.

Court of Appeals of Oregon.

Decided November 26, 1979.


Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellant. With him on the briefs was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Dean M. Quick, Albany, argued the cause for respondents. With him on the brief was Weatherford, Thompson, Brickey & Powers, P.C., Albany.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.


JOSEPH, Presiding Judge.

Plaintiffs sued for property damages caused in August, 1977, by a field burning fire in Linn County that escaped from defendant's land, crossed adjoining property and spread onto plaintiffs' land. On the day of trial plaintiffs amended their pleadings to add a cause of action based on strict liability and also submitted a supplemental complaint pleading collateral estoppel arising out of a previous lawsuit. The trial court accepted those pleadings...

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