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KOOS v. ROTH

No. 50967; CA 18924.

637 P.2d 167 (1981)

55 Or.App. 12

George KOOS and Agnes V. Koos, Appellants, v. Kenneth ROTH, Respondent.

Court of Appeals of Oregon, In Banc.

Decided December 7, 1981.

Resubmitted November 4, 1981.

Attorney(s) appearing for the Case

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

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

Michael F. McClain, and McClain & Brown, Corvallis, filed a brief amicus curiae for Field Burning Defense Committee.

Resubmitted In Banc November 4, 1981.

THORNTON, Judge.

The issue presented in this appeal is liability for the escape of a field burning fire. Defendant is a commercial grass seed grower. Plaintiffs brought this action to recover for property damage they allege was caused by the escape of a field burning fire from defendant's property to their own. At trial, both parties moved for directed verdicts. Plaintiffs' motion was denied and defendant's motion was...

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