Hawkins v. Barber

This is an action to recover damages for the destruction of plaintiffs’ farm buildings by a fire caused by defendant. Defendant demurred to the complaint on the ground that the statute of limitations barred the action. The trial court sustained the demurrer and entered judgment for defendant, whereupon plaintiffs appealed.

The demurrer was sustained on the theory that plaintiffs’ action was for an injury to property caused by defendant’s negligent conduct and was barred by the two-year limitation period prescribed in ORS 12.110(1).(1)

Plaintiffs contend that their action was for trespass and…