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SCHWERDT v. MYERS

CA A25978; SC S30090.

683 P.2d 547 (1984)

John SCHWERDT Dba Western Azalea Nursery, Respondent On Review, v. Edward MYERS and Mrs. Edward Myers, Husband and Wife, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted January 25, 1984.

Rehearing Denied July 24, 1984.

Attorney(s) appearing for the Case

Larry Dawson, Portland, argued the cause and filed briefs and petition for petitioners on review.

Douglas E. Kaufman, of Kaufman & McMinimee, Tillamook, argued the cause and filed a brief and response to the petition for respondent on review.

PETERSON, Chief Justice.

ORS 607.005 defines a "livestock district" as "an area wherein it is unlawful for livestock * * * to run at large." In this action plaintiff seeks damages resulting from the escape of defendants' heifers onto plaintiff's commercial nursery located in a livestock district in Tillamook County. The jury found for plaintiff under a standard common law negligence instruction that required a finding only of simple negligence for plaintiffs to recover...

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