FABER v. ASPLUNDH TREE EXPERT CO.

16-88-10307, CA A63604.

810 P.2d 384 (1991)

106 Or.App. 601

Stanley FABER & Ilene Faber, Dba Arbor Lane Nursery, Respondents, v. ASPLUNDH TREE EXPERT CO., a Pennsylvania Corporation, Appellant.

Court of Appeals of Oregon.

Decided April 17, 1991.

Reconsideration Denied June 12, 1991,


Attorney(s) appearing for the Case

William E. Flinn, Eugene, argued the cause for appellant. With him on the briefs were John R. Osburn and William E. Flinn Associates, Eugene.

George W. Kelly, Eugene, argued the cause for respondents. With him on the brief was C. Peter Sorenson, Eugene.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Plaintiffs operate a tree nursery. Defendant is in the business of applying herbicides along railroad rights-of-way under contracts with railroad companies. On two occasions in 1987 and on two occasions in 1988, defendant applied herbicides to a right-of-way immediately adjacent to plaintiffs' facility, and extensive damage to plaintiffs' tree crops allegedly resulted. Plaintiffs brought this action, alleging claims, inter alia,

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