Sprague v. Astoria
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Department 1. This is an appeal by Rowena Sprague, Plaintiff, v. City of Astoria, a Municipal Corporation, Defendant and Respondent, from a judgment in favor of the defendant city. The plaintiff instituted an action for damages in the Circuit Court of the State of Oregon in and for Clatsop County against the defendant, in which she undertook the recovery of $5,000 by reason of alleged injuries sustained by her.
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From Clatsop: James A. Eakin, Judge. Department 1. This is an appeal by Rowena Sprague, Plaintiff, v. City of Astoria, a Municipal Corporation, Defendant and Respondent, from a judgment in favor of the defendant city. The plaintiff instituted an action for damages in the Circuit Court of the State of Oregon in and for Clatsop County against the defendant, in which she undertook the recovery of $5,000 by reason of alleged injuries sustained by her. Among other things, the complaint alleges: “That by Section 129 of the municipal charter of defendant, City of Astoria, it is * * provided as…
1Opinion of the CourtBrown, J.
Has the plaintiff fulfilled the valid requirements of the provisions of Section 129 of the municipal charter of the defendant by filing with the city a sufficient notice of her accident? The answer to that inquiry is decisive of this appeal.
A well-known authority on the law relating to municipal corporations has written that:
*303“When applicable, notice to the municipality in substantial compliance with the controlling law is usually held to be a condition precedent to the maintenance of the action.” Yol. 8, McQuillin (Supp.), § 2714.
Section 129 of the charter of the City of Astoria is applicable…
2Cases cited15 opinions
- Born v. City of SpokaneWashington Supreme Court · 1902
- Ridgeway v. City of EscanabaMichigan Supreme Court · 1908
- Germaine v. City of MuskegonMichigan Supreme Court · 1895
- Brown v. City of OwossoMichigan Supreme Court · 1901
- Griswold v. City of LudingtonMichigan Supreme Court · 1898
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3Cited by17 opinions
- Urban Renewal Agency v. LackeyOregon Supreme Court · 1976
- Brown v. Portland School District No. 1Oregon Supreme Court · 1981
- CROSS ET UX v. HarrisOregon Supreme Court · 1962
- Fry v. Willamalane Park & Recreation DistrictCourt of Appeals of Oregon · 1971
- Baker v. State Board of Higher EducationCourt of Appeals of Oregon · 1975
12 more not listed; retrieve them via the Exa API.