Facts
- Lawrence E. Davis and Veva A. Davis owned and occupied a residence in Toledo, Oregon.
- Georgia-Pacific Corporation began operating a nearby pulp and paper mill after the Davises took possession of their property.
- The Davises presented evidence that the mill emitted vibrations, offensive odors, fumes, gases, smoke, and particulates that entered their property.
- The Davises claimed these intrusions damaged their residence and plant life and rendered the home uninhabitable.
- The Davises sued in trespass, seeking compensatory and punitive damages.
- The trial court instructed the jury that fumes, gases, and odors entering the Davises’ land could constitute trespass.
- The jury found for the Davises and awarded compensatory and punitive damages; Georgia-Pacific appealed.
Issues
- Whether invasions of land by fumes, gases, odors, smoke, particulates, and vibrations can, as a matter of law, constitute trespass rather than being limited to nuisance.
- Whether the trial court erred by admitting evidence and instructing the jury that such intangible intrusions could support liability for trespass and punitive damages.
Decision
- The Oregon Supreme Court affirmed the judgment for the Davises.
- The court held that intrusions by invisible matter or energy (including fumes, gases, odors, smoke, particulates, and vibrations) may constitute trespass if they invade the possessor’s interest in exclusive possession.
- The court concluded the jury was properly permitted to decide whether the asserted intrusions were sufficiently substantial to be trespassory.
- The challenged instructions were not reversible error.
Legal Principles
- Trespass is not confined to direct, visible, tangible objects; it includes any intrusion that invades the possessor’s protected interest in exclusive possession, whether by visible or invisible matter or by energy or force.
- Oregon law recognizes trespass based on invasions such as vibrations and airborne particulate deposits, and the same conception can apply to industrial emissions and odors.
- Whether an intangible invasion rises to the level of trespass depends on its character and degree; trivial or minimal interferences need not be treated as trespass.
- Classifying an invasion as trespass may impose liability without requiring proof of negligence once a volitional act causes an invasion of exclusive possession.
Conclusion
The court affirmed a verdict for homeowners who alleged that industrial vibrations and airborne emissions entered and damaged their property, holding that such intangible invasions can constitute trespass when they materially invade the landowner’s right to exclusive possession.