Bergman v. Holden

Defendant Lewis appeals from a judgment entered against him for timber trespass. He challenges the trial court’s construction of the applicable statutes, as well as the sufficiency of the evidence to establish his liability under those statutes. We review the trial court’s decision for errors of law and findings not supported by any competent evidence, Rosalez v. Unigard Insurance Co., 283 Or 63, 67, 581 P2d 945 (1978), and reverse.

The material facts are not in dispute. Defendant was hired to haul away timber that was decked on a landing located on property adjacent to plaintiffs. The timber…