Chan Sing v. Portland
Oregon Supreme Court
From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by Chan Sing against the City of Portland to recover damages for an injury to plaintiff’s property from an overflow of Tanner Creek caused by the alleged negligence of the defendant in not exercising due care and caution to keep open and free from obstruction the intake of Tanner Creek Sewer. Tanner Creek is a natural water course, with well-defined banks and channels.
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From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by Chan Sing against the City of Portland to recover damages for an injury to plaintiff’s property from an overflow of Tanner Creek caused by the alleged negligence of the defendant in not exercising due care and caution to keep open and free from obstruction the intake of Tanner Creek Sewer. Tanner Creek is a natural water course, with well-defined banks and channels. Some time prior to the injury complained of, the city diverted the water of the creek from its natural channel in' and through a sewer known as ‘ Tanner Creek…
1Opinion of the CourtJustice Bean
1. The defendant objected to the introduction of evidence at the trial on the ground that the complaint did not state facts sufficient to constitute a cause of action, which, being overruled, forms the basis of the first assignment of error. The argument is that the complaint is insufficient because it does not allege any specific negligent act done or duty omitted by an authorized agent of the city. "While we do not understand that there is any different rule of pleading in actions of negligence against a municipality and against any other defendant, the objection here goes, in any event, to…
2Cases cited5 opinions
- Booth v. MoodyOregon Supreme Court · 1896
- Caspary v. City of PortlandOregon Supreme Court · 1890
- Houghton & Palmer v. BeckOregon Supreme Court · 1881
- Burton v. SeveranceOregon Supreme Court · 1892
- Gschwander v. CortOregon Supreme Court · 1890
3Cited by12 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Montgomery v. SomersOregon Supreme Court · 1907
- Crosby v. Portland Ry. Co.Oregon Supreme Court · 1909
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- Patterson v. PattersonOregon Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.