MARTIN V. REYNOLDS METALS CO.
221 Or. 86, 342 P.2d 790, cert. denied 362 U.S. 918 (1959)
NATURE OF THE CASE: This is an appeal of an action for trespass. Reynolds (D) appealed
from a judgment in favor of Martin (P) for P's action for trespass.
FACTS: The Reynolds Metals Co. (D) plant, in its aluminum reducing process, emanated some
fluoridic compounds. These chemical compounds were not visible to the naked eye. A fume
collection system collected some of the particles, the remainder became airborne, some of
which deposited on Martin's (P) land. P could no longer raise livestock because the cattle
were poisoned by ingesting the compounds. The trial judge awarded $71,000 for damages to the
land, and $20,000 for the deterioration of the land through growth of brush and weeds
resulting from the lack of grazing. If the action was brought in trespass, the six-year
statute of limitations would allow for the full award. If the action were nuisance, damages
would only be awarded for two years of the 1951-5-year period.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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