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Legal Opinion

Smith v. Clackamas County

Oregon Supreme Court

Decided January 14, 1969PublishedCited by 45 opinions

1Opinion of the Court

GOODWIN, J,

The only question in this appeal is whether the 1965 amendment ① to ORS 368.935 (concerning the liability of a county for damages caused by defective roads) was intended to be retrospective or prospective. The current version of the statute is found in ORS 368.940. ②

In April of 1965, when the plaintiff was injured, ORS 368.935 provided that counties were strictly liable, without proof of negligence, for damages caused by defective roads. Clary v. Polk County, 231 Or 148, 372 P2d 524 (1962). The recovery under the strietliability statute was limited to $2,000.

Clackamas County…

2Cases cited3 opinions

  1. Wiebe v. SeelyOregon Supreme Court · 1959
  2. Spicer v. Benefit Ass'n of Railway EmployeesOregon Supreme Court · 1933
  3. Clary v. Polk CountyOregon Supreme Court · 1962

3Cited by45 opinions

  1. Whipple v. HowserOregon Supreme Court · 1981
  2. Joseph v. LoweryOregon Supreme Court · 1972
  3. Owens v. MaassOregon Supreme Court · 1996
  4. State v. SumerlinCourt of Appeals of Oregon · 1996
  5. Western Amusement Co., Inc. v. City of SpringfieldOregon Supreme Court · 1976

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