STATE, ETC. v. COLUMBIA BASIN ELEC. CO-OP.

No. CA 18390; SC 28802.

655 P.2d 1053 (1982)

294 Or. 284

STATE of Oregon, Acting by and through Its Department of Forestry by and through J.E. Schroeder, State Forester, Respondent On Review, v. COLUMBIA BASIN ELECTRIC CO-OP, Inc., a Corporation, Petitioner On Review, Kinzua Corporation, an Oregon Corporation, Third-Party Defendant.

Supreme Court of Oregon.

Decided December 29, 1982.


Attorney(s) appearing for the Case

I. Franklin Hunsaker, III, Portland, argued the cause for petitioner on review. With him on the petition and briefs were Robert F. Riede and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before LINDE, P.J., and PETERSON, TANZER, CAMPBELL, ROBERTS and CARSON, JJ.


TANZER, Justice.

This is an action by the state to recover the cost of suppression of a forest fire from the owner of a power line running through forest land. The circuit court gave summary judgment for plaintiff. The Court of Appeals affirmed as to defendant's statutory liability but remanded for trial on the issue of whether defendant had made reasonable efforts to control the fire. 57 Or.App. 590, 646 P.2d...

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