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Davis v. Georgia-Pacific Corp.
Oregon Supreme Court
251 Or. 239, 445 P.2d 481 (1968)
After Vera Davis and her husband (plaintiffs) began occupying their home in Toledo, Oregon, Georgia-Pacific Corporation (Georgia-Pacific) (defendant) began operating a pulp and paper plant in very close proximity to the Davis’ home. Davis brought suit against Georgia-Pacific for trespass. At trial, Vera and her husband testified that due to the emanation of vibrations, offensive odors, fumes, gases, smoke, and particulates from the pulp and paper plant, their house became uninhabitable. A jury found for Davis and Georgia-Pacific appealed, arguing that the trial court erred in instructing the jury that fumes, gases, and odors intruding upon another’s property constituted a trespass.
Rule of Law
Holding and Reasoning (Holman, J.)
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