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McGREGOR v. BARTON SAND & GRAVEL, INC.

No. 80-01-390; CA A23548.

660 P.2d 175 (1983)

62 Or.App. 24

Donald R. McGREGOR and Phyllis A. McGregor, husband and wife, Respondents, v. BARTON SAND & GRAVEL, INC., an Oregon corporation, Darin Laughery and Leona Laughery, Individually and Jointly, Appellants.

Court of Appeals of Oregon.

Decided March 2, 1983.

Attorney(s) appearing for the Case

Anna M. Moran, Portland, argued the cause for appellants. With her on the briefs was Breathouwer & Gilman, Portland.

Robert J. Miller, Portland, argued the cause for respondents. With him on the brief were Myron Schreck, and Black, Kendall, Tremaine, Boothe & Higgins, Portland.

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

RICHARDSON, Presiding Judge.

Plaintiffs brought this action alleging trespass, nuisance, negligence and ultrahazardous activity, arising out of the spillage and sliding of water and debris onto plaintiffs' property from artificial ponds located on defendants' property and used in connection with defendants' gravel mining operations. The trial court submitted only the trespass and ultrahazardous activity counts to the jury.1 Plaintiffs...

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