Martin v. Reynolds Metals Co.
Oregon Supreme Court
342 P.2d 790 (1959)
Relevant factsFree
The Martins (plaintiffs) sued Reynolds Metals Co. (defendant) for damage to their land caused by invisible fluoride compounds settling on it from Reynolds' nearby aluminum plant. The trial court awarded damages for four and a half years under trespass's six-year statute of limitations, rather than the shorter two years available under a nuisance theory. Reynolds appealed the trespass ruling.
IssueFree
Whether the settling of invisible particles on a possessor's land is a sufficiently direct invasion of his interest in the exclusive possession of his land to support an action for trespass.