Caviness v. City of Vale
Oregon Supreme Court
From. Malheur: Dalton Biggs, Judge. In Banc. Statement by Mb. Chief Justice McBbide. This is an action against the City of Yale and A. W. Glenn, Saxon Humphrey, M. E. Thayer, H. B. Dun-lop, and J. E. Lawrence, members of the council of said city, and B. W. Mulkey owner of a lot adjoining the sidewalk where the alleged injury hereafter described occurred, to recover damages for an injury alleged to have happened by reason of plaintiff stepping into a hole in a defective…
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From. Malheur: Dalton Biggs, Judge. In Banc. Statement by Mb. Chief Justice McBbide. This is an action against the City of Yale and A. W. Glenn, Saxon Humphrey, M. E. Thayer, H. B. Dun-lop, and J. E. Lawrence, members of the council of said city, and B. W. Mulkey owner of a lot adjoining the sidewalk where the alleged injury hereafter described occurred, to recover damages for an injury alleged to have happened by reason of plaintiff stepping into a hole in a defective sidewalk. By the provisions of the charter it is made the duty of all owners of property adjoining any street in the city to…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
It is contended that the complaint is insufficient as against the city for the reasons (1) that the claim was not presented within six months after the injury, as required by the charter, and- (2) that by virtue of Section 200 of the city charter, the city is exempt from liability. We will consider these contentions in the order above named.
1. The first contention is settled adversely to the claim of respondent in Sheridan v. City of Salem, 14 *559Or. 328 (12 Pac. 925), wherein it was held that a provision of the charter which provided that “no claim against…
2Cases cited10 opinions
- Mattson v. AstoriaOregon Supreme Court · 1901
- Batdorff v. Oregon CityOregon Supreme Court · 1909
- Henry v. City of LincolnNebraska Supreme Court · 1913
- Sheridan v. City of SalemOregon Supreme Court · 1886
- Colby v. City of PortlandOregon Supreme Court · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stewart v. HoukOregon Supreme Court · 1928
- Blue v. City of UnionOregon Supreme Court · 1938
- Platt v. NewbergOregon Supreme Court · 1922
- Sprague v. AstoriaOregon Supreme Court · 1921
- Marsh v. McLAUGHLIN ET UXOregon Supreme Court · 1957
14 more not listed; retrieve them via the Exa API.