DEPT. OF FORESTRY v. JEPSON & SONS LOGGING CO.

28683; A25642.

668 P.2d 461 (1983)

64 Or.App. 390

STATE OF OREGON, by and through Its Department of Forestry, by and through Its State Forester, Appellant, v. JEPSON & SONS LOGGING COMPANY, a Corporation, Delmar L. Jepson, Donald P. Jepson and Dennis D. Jepson, Dba L. Jepson & Sons, and Does 1-5, Inclusive, Respondents.

Court of Appeals of Oregon.

Decided August 24, 1983.

Reconsideration Denied September 30, 1983.

Review Denied November 1, 1983.


Attorney(s) appearing for the Case

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Michael A. Lehner, Portland, argued the cause for respondents. With him on the brief was Mitchell, Lang & Smith, Portland.

Charles F. Adams, Portland, filed a brief amicus curiae for Industrial Forestry Ass'n.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.


VAN HOOMISSEN, Judge.

This is an action at law by which the State of Oregon seeks damages for costs incurred in suppressing a forest fire. Defendants were engaged in a logging operation, and the fire originated at the location of a slash burn conducted by defendants several weeks earlier. When the fire escaped defendants' control, the state supplied men, equipment and materials to combat it. The state claimed that defendants failed to assert every reasonable effort...

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