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Martin v. Reynolds Metals Co.
Oregon Supreme Court
221 Or. 86, 342 P.2d 790 (1959)
- Written by Lauren Petersen, JD
Facts
The Martins (plaintiffs) sued for damages to their land, caused by invisible fluoride compounds that settled on the land from a nearby aluminum reduction plant run by Reynolds Metal Co. (defendant). The trial court awarded damages for a four-and-a-half year period, permissible under a trespass claim’s six-year statute of limitations, in contrast to the two years of damages that would have been permitted under a nuisance claim’s two-year statute of limitations. Reynolds appealed on the issue of trespass.
Rule of Law
Issue
Holding and Reasoning (O’Connell, J.)
Concurrence (McAllister, C.J.)
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