Hager v. Tire Recyclers, Inc.

Defendant Groat Brothers, Inc. (Groat) moves for reconsideration of our opinion, 136 Or App 439, 901 P2d 948 (1995), in which we held that the trial court erred in entering a directed verdict in favor of Groat on plaintiffs’ claim for intentional trespass. We grant the motion, modify our opinion and adhere to it as modified.

We state only a brief summary of the relevant facts. Plaintiffs complained that Groat committed intentional trespass when, by removing waste tires from property upstream from plaintiffs’ land, it caused 263 tons of silt to flow onto plaintiffs’ property. Groat asserted the…