Amphitheaters Inc v. Portland Meadows by ankurpatel9

VIEWS: 124 PAGES: 1

									                        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.

								
To top