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Martin v. Reynolds Metals Co.
Oregon Supreme Court
342 P.2d 790 (1959)
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
Holding and Reasoning (O’Connell, J.)
Concurrence (McAllister, C.J.)
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