Milarkey v. Foster
Oregon Supreme Court
Appeal from Union County. This was an action for damages for the obstruction of a highway. The following is the complaint: “That on or about May 26, 1876, he, the plaintiff, arrived at the town of Orodell, in Union county, Oregon, with an eight mule team and two freight wagons, which were his property, and which were loaded with over ten thousand pounds of goods, wares and merchandise, whieh he had contracted to deliver at sundry points in Union and Baker counties; that he…
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Appeal from Union County. This was an action for damages for the obstruction of a highway. The following is the complaint: “That on or about May 26, 1876, he, the plaintiff, arrived at the town of Orodell, in Union county, Oregon, with an eight mule team and two freight wagons, which were his property, and which were loaded with over ten thousand pounds of goods, wares and merchandise, whieh he had contracted to deliver at sundry points in Union and Baker counties; that he was then on his way to deliver said ” freight; and that, in order to get to said points, this plaintiff was necessarily…
1Opinion of the Court
By the Court, Prim, C. J.:
The first error complained of by appellant is the overruling of his motion for judgment on the pleadings. This mo*380tion, it appears, was interposed in the circuit court for the first time. It is based upon the ground that the complaint did not state facts sufficient to constitute a cause of action, in this, it does not show that respondent suffered any special or peculiar damages not common to the public generally. The obstruction of a public highway is a public nuisance, and it is well settled “ that no person can maintain an action for a common nuisance, unless he…
2Cited by10 opinions
- Sholin v. Skamania Boom Co.Washington Supreme Court · 1909
- Bayard v. Standard Oil Co.Oregon Supreme Court · 1901
- Viebahn v. Board of County CommissionersSupreme Court of Minnesota · 1905
- Van Buskirk v. BondOregon Supreme Court · 1908
- Gaston v. ThompsonOregon Supreme Court · 1918
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