BALL v. JORGENSON

95-CV-0134; CA A92581.

934 P.2d 634 (1997)

147 Or. App. 55

Patricia BALL, Appellant, v. Edwin C. JORGENSON and Gloria Jorgenson, husband and wife, and Jerry C. West, Respondents.

Court of Appeals of Oregon.

Decided March 12, 1997.


Attorney(s) appearing for the Case

Jeffrey H. Boiler, Eugene, argued the cause for appellant. With him on the briefs were D. Joseph Cartwright and Boiler & Cartwright.

Ronald B. Versteeg, Grants Pass, argued the cause for respondents. With him on the brief was Schultz, Salisbury, Cauble, Versteeg & Dole.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

Plaintiff appeals from a judgment in favor of defendant following a jury trial on her claims for trespass and private nuisance. She assigns error to the trial court's failure to instruct the jury about a landowner's duty to act with prudent regard for the interests of an adjacent owner when digging ditches. We conclude that plaintiff failed to preserve the alleged error for appeal, ORCP 59 H, and affirm.

In 1989, plaintiff purchased real property...

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