Legal Opinion

Giaconi v. City of Astoria

Oregon Supreme Court

Decided October 10, 1911Published

From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Moore. This is an action by Joseph Giaconi against the City of Astoria to recover damages for an injury to real property.

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From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Moore. This is an action by Joseph Giaconi against the City of Astoria to recover damages for an injury to real property. The complaint alleges, in effect, that defendant is a municipal corporation, authorized to grade streets within its boundaries, and in devising plans for ■such improvement and in performing the work is required to exercise care and skill; that extending east and west along the side of a steep hill is Irving avenue, a highway of that city, which is intersected at right angles by Eighteenth street and next east…

1Opinion

*24Rehearing granted July 5, 1911. Reargued September 6, decided October 10, 1911.

On Rehearing.

[118 Pac. 180.]

Statement by

Mr. Justice Burnett.

This is an action at law, brought to recover damages for the injury alleged to have been caused to the plaintiff’s real property by the negligence of the defendant in grading a street within the municipal boundaries. The answer pleaded the general issue, and alleged affirmatively that the work was done by the city in a careful manner, through the agency of its contractor, and that what happened was the result of a pure accident, without fault or negligence…

2Cases cited33 opinions

  1. Chicago City v. RobbinsSupreme Court of the United States · 1863
  2. Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
  3. Deford v. State ex rel. KeyserCourt of Appeals of Maryland · 1869
  4. The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
  5. Burford v. City of Grand RapidsMichigan Supreme Court · 1884

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