Ball v. Jorgenson

Plaintiff appeals from a judgment in favor of defendant following a jury trial on her claims for trespass and private nuisance. She assigns error to the trial court’s failure to instruct the jury about a landowner’s duty to act with prudent regard for the interests of an adjacent owner when digging ditches. We conclude that plaintiff failed to preserve the alleged error for appeal, ORCP 59 H, and affirm.

In 1989, plaintiff purchased real property that is adjacent to defendants’ property. She subsequently observed that defendants had dug a series of ditches that diverted water from their…