Hogan v. Gridelli

Defendant appeals from a judgment awarding plaintiff double damages in an action brought pursuant to ORS chapter 609. Plaintiff cross-appeals, claiming that the trial court erred in striking his claim for, and refusing to give the jury an instruction on, strict liability. We affirm on both appeals.

Plaintiff breeds and raises gamecocks. On August 12, 1990, two of defendant’s dogs entered plaintiffs property and attacked and killed some of plaintiffs gamecocks. Plaintiff discovered the dead gamecocks while defendant’s dogs were still on his property. He shot and killed the two dogs when they…