Henderson v. Nielsen

Owen and Ardella Nielsen (defendants) appeal a judgment, following a jury trial, awarding plaintiffs tort damages arising out of a forest fire that originated on defendants’ land. We review the record in the light most favorable to plaintiffs, who prevailed on the jury verdict, drawing all reasonable inferences in their favor. Brown v. J. C. Penney Co., 297 Or 695, 688 P2d 811 (1984). We reverse in part.

Defendants, a married couple, live in Oregon City, and own range and forest land bordering the Grand Ronde River in Wallowa County. Before 1988, Owen used the land three or four times a year…