Martin v. Reynolds Metals Co.,

221 Or. 86, 342 P.2d 790, cert. denied 362 U.S. 918 (1959)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.