Gigoux v. Yamhill County
Oregon Supreme Court
From Yamhill: Webster Holmes, Judge. Statement by Me. Justice Mooee. This is an action by Alex Gigoux, as administrator of the estate of his daughter, Emma Gigoux, deceased, against Yamhill County, to recover damages for a personal injury which it is alleged caused her death.
Read the full summary
From Yamhill: Webster Holmes, Judge. Statement by Me. Justice Mooee. This is an action by Alex Gigoux, as administrator of the estate of his daughter, Emma Gigoux, deceased, against Yamhill County, to recover damages for a personal injury which it is alleged caused her death. The defendant maintained as a part of a public highway a bridge which on September 21, 1912, had a hole in the planking about three feet long and three inches wide at one end and tapered to a point at the other end. On the day named Emma Gigoux, who was 10 years and one month old and as intelligent as children of that…
1Opinion of the CourtJustice Moore
1. This action is predicated on Section 6375, L. O. L., which reads:
“Whenever any individual, while lawfully traveling upon any highway of this state or bridge upon such highway, the same being a legal county road, shall, without contributory negligence on his part, and without knowledge upon his part of the defect or danger, sustain any loss, damage, or injury in consequence of the defective and dangerous character of such highway or bridge, either to his person or property, he shall be entitled to recover of the county in which such loss, damage, or injury occurred, compensatory damages,…
2Cases cited10 opinions
- Macdonald v. O'ReillyOregon Supreme Court · 1904
- Russell v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- Ploof v. Burlington Traction Co.Supreme Court of Vermont · 1898
- Dubiver v. City Railway Co.Oregon Supreme Court · 1904
- Bailey v. Benton CountyOregon Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Hansen v. BussmanOregon Supreme Court · 1976
- Dennis v. City of AlbemarleSupreme Court of North Carolina · 1955
- Simmons v. HOLMOregon Supreme Court · 1961
10 more not listed; retrieve them via the Exa API.