Giaconi v. City of Astoria
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Moore. This is an action by Joseph Giaconi against the City of Astoria to recover damages for an injury to real property.
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From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Moore. This is an action by Joseph Giaconi against the City of Astoria to recover damages for an injury to real property. The complaint alleges, in effect, that defendant is a municipal corporation, authorized to grade streets within its boundaries, and in devising plans for ■such improvement and in performing the work is required to exercise care and skill; that extending east and west along the side of a steep hill is Irving avenue, a highway of that city, which is intersected at right angles by Eighteenth street and next east…
1Opinion of the CourtJustice Moore
The alleged failure to adopt a plan for the proposed improvement and defendant’s averred supervision of the work will be considered. To render these questions intelligible requires a more detailed statement of facts than has been hereinbefore given. The resolution adopted by the council declaring an intention to improve Irving avenue required the city surveyor to make and file with the auditor plans and specifications for and estimates of the work, and provided that any matter of construction or drainage found necessary to make the improvement safe or substantial should be done by the…
2Cases cited11 opinions
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
- City of Lansing v. ToolanMichigan Supreme Court · 1877
- City of Denver v. RhodesSupreme Court of Colorado · 1886
- Goddard v. Inhabitants of HarpswellSupreme Judicial Court of Maine · 1892
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3Cited by44 opinions
- Smith v. CooperOregon Supreme Court · 1970
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