Smith v. Meier & Frank Inv. Co.
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. The plaintiff alleges and the defendant admits that the latter is a corporation existing under the laws of this state, and that it was the owner of certain unimproved and unoccupied platted lots in the City of Portland, in front of which at the time mentioned in the complaint there was constructed and maintained a sidewalk as part of the adjacent street.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Burnett. The plaintiff alleges and the defendant admits that the latter is a corporation existing under the laws of this state, and that it was the owner of certain unimproved and unoccupied platted lots in the City of Portland, in front of which at the time mentioned in the complaint there was constructed and maintained a sidewalk as part of the adjacent street. The plaintiff states that at the time of and long prior to the injuries of which he complains there was in force in the City of Portland an ordinance, containing…
1Opinion of the CourtJustice Burnett
1-3. The crucial question in this case is the effect to be given to the city law the provisions of which have been quoted. It is axiomatic that statutes in derogation of the common law must be construed strictly. An examination of the ordinance discloses that the only liability thereby established which would affect the defendant is that of a fine. No cause of action in favor of any private person is mentioned'. To constitute negligence predicated on the violation of a city law there must first be a duty owing by the defendant to the plaintiff. No such obligation is stated in express terms in…
2Cases cited9 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Owings v. JonesCourt of Appeals of Maryland · 1856
- Baltimore City Passenger Railway Co. v. McDonnell ex rel. McDonnellCourt of Appeals of Maryland · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Childers v. DeschampsMontana Supreme Court · 1930
- Marsh v. McLAUGHLIN ET UXOregon Supreme Court · 1957
- Fitzwater v. Sunset Empire, Inc.Oregon Supreme Court · 1972
- Rees v. Cobbs & Mitchell Co.Oregon Supreme Court · 1930
- State Ex Rel. Yett v. PetersOregon Supreme Court · 1949
3 more not listed; retrieve them via the Exa API.