Kendall v. CURL

The plaintiff, James Kendall, declined to plead further after the Circuit Court for Umatilla County sustained a demurrer to his second amended complaint, and appeals from the judgment entered for the defendants with costs.

The demurrer rests upon the proposition that the Oregon statutes on livestock running at large create Immunity as a matter of law in favor of the owner of a horse which strays onto an interstate limited-access highway and thereby causes damage to a motorist using said highway. The circuit court held that because Umatilla County is designated by law as an open-range county a…