Martin v. Union Pacific Railroad Company

This is an action to recover damages for property damage caused by a fire which originated on or near a railroad right of way and spread onto plaintiffs’ land. The action was commenced nearly four years after the damage occurred. The defendants demurred to the complaint on the ground that it disclosed on its face that the action was barred by the two-year statute of limitations, ORS 12.110 (1). ① The trial court sustained the demurrer and entered judgment for defendants. Plaintiffs appeal.

Plaintiffs’ eomplaint alleges that the defendants negligently caused the fire to occur and negligently…