Brown v. Dorfman

Plaintiff, who alleged that the defendant without authority constructed sewer works upon her land, appeals from a judgment on a directed verdict for the defendant.

The complaint attempts to allege a cause of action under ORS 105.005. Under that statute, one having the present right to possession of land may combine with a prayer for the possession of the land a prayer for damages for trespass. See Trotter v. Town of Stayton, 45 Or 301, 77 P 395 (1904); Starr v. Stark, 7 Or 500 (1879).

Since the defendant has not asserted that the construction of sewer lines upon the land of another is not an…