Amphitheaters, Inc. v. Portland Meadows 198 P.2d 847 (Or. 1948) Parties: Plaintiff – Amphitheaters Inc – Owner and operator of outdoor movie theater, which is located next door to D’s racetrack. Defendant – Portland Meadows – Owner and operator of horse track with lighting for night racing. Facts: P owns and operates a drive in Movie Theater, which is located next door to D’s horse race track. There was evidence shown that light from D’s racetrack spills over onto P’s property which has an adverse effect of the quality of the screen which caused the P to suffer financially as well. P immediately complained about the problem they were facing with D’s lights. D made substantial efforts to protect the P from their lights. Procedural Posture: P filed an action claiming that D’s lights constituted both a trespass on his land and a nuisance. Trial court directed a verdict in favor of D on both counts. Issue: Whether the trial court was correct in finding that D’s actions in regards to lighting constituted trespass of land against P’s property? Holding: The court holds that the trial court was correct in finding for the D. Legal Reasoning: Every unauthorized entry upon land of another although without damage constitutes actionable trespass. There mere suggestion that the casting of light upon the P’s property would render a D liable without proof of any actual damages. No claim for trespass of land because P couldn’t show any actual damages to the property from the light.
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