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HARRIS v. WRIGHT

83-1118-L; CA A35605.

724 P.2d 875 (1986)

81 Or. App. 126

William Geoffrey HARRIS, Appellant, v. George R. WRIGHT, Respondent.

Court of Appeals of Oregon.

Decided September 10, 1986.

Attorney(s) appearing for the Case

Garrison F. Turner, Medford, argued the cause for appellant. On the brief were William V. Deatherage, Betsy F. Byers and Frohnmayer, Deatherage, de Schweinitz, Pratt & Jamieson, P.C., Medford.

Raymond J. Salisbury, Grants Pass, argued the cause for respondent. With him on the brief was Schultz, Salisbury & Cauble, Grants Pass.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Plaintiff brought this action under ORS 105.810, alleging that defendant intentionally trespassed on his property and wilfully damaged trees and shrubs. The jury returned a verdict for plaintiff and assessed general and punitive damages. The trial court struck the award of punitive damages on the ground that the treble damages provided for by ORS 105.8101 are an exclusive punitive remedy and preclude the recovery...

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