Hager v. Tire Recyclers, Inc.

Plaintiffs appeal from a judgment entered in favor of defendants in this case involving claims of intentional trespass and negligence. We reverse and remand.

The facts relevant to the appeal are not disputed. Plaintiffs own a 19.5-acre parcel of property through which two unnamed tributaries of the Sandy River run. During the wet season, the streams run at approximately 150 gallons per minute. During the dry season, the streams run at “a trickle.” Plaintiffs have built and maintained a series of ponds on their land and have stocked at least one of them with rainbow trout.

Directly upstream from…