McFerren v. Umatilla County
Oregon Supreme Court
Appeal from Umatilla: James A. Fee, Judge. This is an action by Laurena A. McFerren against Umatilla County to recover damages for injuries to the plaintiff, caused by defects in a bridge upon a public highway under the control of defendant, from which she was precipitated while lawfully traveling thereon with a team and wagon, which bridge, it is alleged, was, at the time of the accident, out of repair, and in a dangerous and unsafe condition, and suffered to become and…
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Appeal from Umatilla: James A. Fee, Judge. This is an action by Laurena A. McFerren against Umatilla County to recover damages for injuries to the plaintiff, caused by defects in a bridge upon a public highway under the control of defendant, from which she was precipitated while lawfully traveling thereon with a team and wagon, which bridge, it is alleged, was, at the time of the accident, out of repair, and in a dangerous and unsafe condition, and suffered to become and remain so through the gross carelessness and neglect of the defendant county. The plaintiff prays judgment for the sum of…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. The only question involved is the construction of an act entitled “An act to make counties liable for loss or damage sustained in consequence of defective and dangerous county roads and bridges”: Laws, 1893, page 141. It reads as follows: “Section 1. Whenever any individual, while lawfully traveling upon any highway of this state, the same being a legal county road, shall, without contributory negligence on his part, and not having been warned of the defect or danger by notice or otherwise, sustain any loss, damage, or injury, in consequence of the defective…
2Cases cited1 opinion
- Tynan v. WalkerCalifornia Supreme Court · 1868
3Cited by6 opinions
- Hillman v. Northern Wasco County PUDOregon Supreme Court · 1958
- Blue v. City of UnionOregon Supreme Court · 1938
- Humphry v. PortlandOregon Supreme Court · 1916
- Jones v. Union CountyOregon Supreme Court · 1912
- Rapp v. Multnomah CountyOregon Supreme Court · 1915
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