Oregon Supreme Court May 17, 1973 (Chase v. Henderson)

DENECKE, J.

Plaintiffs recovered a judgment for damages'- to their annual pole bean crop allegedly caused by-the drift of a chemical spray which defendant applied from a helicopter to a nearby pasture. Defendant appeals.

The case was submitted to the jury upon the theory of unintentional, non-negligent trespass. In

Loe v.