Davis v. Georgia-Pacific Corp.
Oregon Supreme Court
445 P.2d 481 (1968)
Relevant factsFree
Georgia-Pacific (defendant) operated a pulp and paper plant near the Davises' (plaintiffs) home, emitting vibrations, odors, fumes, gases, smoke, and particulates that the Davises testified made their home uninhabitable; a jury found for the Davises on a trespass theory, and Georgia-Pacific appealed, arguing intangible emissions couldn't constitute trespass and that the jury shouldn't have weighed the plant's utility against the Davises' harm.
IssueFree
Whether, in Oregon, a plaintiff may seek damages for trespass based upon intrusions by non-tangible objects onto property and not have those damages determined by weighing the utility of a defendant's conduct against the harm suffered by the plaintiff.