Theiler v. Tillamook County
Oregon Supreme Court
From Tillamook: George E. Bagley, Judge. In Banc. Statement by Mr. Justice Benson. This is an action by John Theiler against Tillamook County, for damages which plaintiff alleges resulted to his land by reason of the fact that the county constructed a bridge and culvert across a highway upon his premises in such a manner as to divert the waters of Munson Creek into a different channel, thereby damaging the soil. Defendant’s answer consists of denials.
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From Tillamook: George E. Bagley, Judge. In Banc. Statement by Mr. Justice Benson. This is an action by John Theiler against Tillamook County, for damages which plaintiff alleges resulted to his land by reason of the fact that the county constructed a bridge and culvert across a highway upon his premises in such a manner as to divert the waters of Munson Creek into a different channel, thereby damaging the soil. Defendant’s answer consists of denials. A trial being had, the jury returned a verdict for defendant, and, judgment being entered thereon, plaintiff appeals. Submitted on briefs under…
1Opinion of the CourtJustice Benson
1, 2. There is but one question to be considered, and that is the action of the trial court in giving the following instruction:
“But you have a right to take into consideration any consequential damages. That is any damage that occurred from time to time continually by reason of the existence of the bridge, culvert and fill in their present location, provided you find that has been the proximate cause of the injury and the continuing damage. But you must also, if you find from the evidence that the plaintiff has not exercised reasonable and ordinary diligence in protecting himself against the…
2Cited by4 opinions
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- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1924
- Miller v. City of WoodburnOregon Supreme Court · 1928
- Ashmun v. NicholsOregon Supreme Court · 1919