Colby v. City of Portland
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Action by Victoria I. Colby against the City of Portland, a municipal corporation, H. E. Albee, Charles A. Bigelow, William L. Brewster, Robert G. Dieck, Will H. Daly and Phillip H. Dater. Reversed and remanded. In Banc. Statement by Mr. Chief Justice McBride.
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From Multnomah: John P. Kavanaugh, Judge. Action by Victoria I. Colby against the City of Portland, a municipal corporation, H. E. Albee, Charles A. Bigelow, William L. Brewster, Robert G. Dieck, Will H. Daly and Phillip H. Dater. Reversed and remanded. In Banc. Statement by Mr. Chief Justice McBride. This was an action for damages brought by the plaintiff against the City of Portland and other defendants, of whom Albee was mayor of the city, and Bigelow, Brewster, Dieck, and Daly, city commissioners, constituting the city council, and Dater, city engineer. The complaint after alleging the…
1Opinion of the Court
*369Opinion by
Mr. Chief Justice McBride.
1. This case involves an examination of the whole law respecting the liability of city officers for injuries arising from the defective condition of streets as well as a consideration of the responsibilities imposed upon the particular officers here impleaded by virtue of the provisions of the city charter. Before considering these we will pass upon a preliminary question raised by plaintiff regarding the sufficiency of the appeal. As before stated, the City of Portland at the conclusion of plaintiff’s testimony moved for a nonsuit, which was granted…
2Cases cited18 opinions
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Osborn v. LogusOregon Supreme Court · 1894
- Batdorff v. Oregon CityOregon Supreme Court · 1909
- Walsh v. Trustees of New York & Brooklyn BridgeNew York Court of Appeals · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Horton v. Oregon Health & Science UniversityOregon Supreme Court · 2016
- Noonan v. City of PortlandOregon Supreme Court · 1938
- Vendrell v. School District No. 26COregon Supreme Court · 1961
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
- Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958
24 more not listed; retrieve them via the Exa API.