Huber Et Ux. v. Portland Gas Coke Co.

1, 2. It is settled law that every unauthorized entry on land of another is a trespass, even if no damage is done; Kesterson v. California-Oregon Power Co., 114 Or. 22, 31 (228 Pac. 1092). It is also settled that one who is permanently injured in his property by the wrongful act of another may recover compensation in an action at law for the market value thereof. Moreover, where the structure constituting the alleged nuisance is permanent, and injury is constant, or certain to occur, whole damages may be recovered at once.

3. As to the measure of damages arising out of permanent injuries to…