West v. Marion County
Oregon Supreme Court
From Clackamas: James U. Campbell, Judge. Department 2. This is an action against the county to recover damages for injuries resulting to the person of the plaintiff, and to his automobile, caused by the car leaving the road and turning over. The plaintiff claims the injury was caused in whole or in part by the defective and dangerous condition of the road.
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From Clackamas: James U. Campbell, Judge. Department 2. This is an action against the county to recover damages for injuries resulting to the person of the plaintiff, and to his automobile, caused by the car leaving the road and turning over. The plaintiff claims the injury was caused in whole or in part by the defective and dangerous condition of the road. The road, where the accident occurred, was near the town of G-ervais at a point where the road leading from Oregon City to Salem crossed a gulch or canyon. There was a culvert at the bottom of the gulch over which the road passed, and the…
1Opinion of the CourtBennett, J.
Appellant claims that before an action can be commenced against a county on any kind of a claim, the same must first be presented to the County Court, and, as there is no evidence that this claim was so presented, the motion of the defendant for a nonsuit and directed verdict should have been allowed.
This question seems never to have been passed upon directly by this court, in a case where the action was for damages resulting from a tort, and against a county.
The appellant relies upon the cases of Union County v. Slocum, 16 Or. 237 (17 Pac. 876), and Wallowa County v. Oakes, 46 Or. 33 (78…
2Cases cited9 opinions
- Sheridan v. City of SalemOregon Supreme Court · 1886
- Caviness v. City of ValeOregon Supreme Court · 1917
- Bailey v. Benton CountyOregon Supreme Court · 1910
- Jones v. Union CountyOregon Supreme Court · 1912
- Colby v. City of PortlandOregon Supreme Court · 1918
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Aubin v. Duluth Street Railway Co.Supreme Court of Minnesota · 1926
- Saunders v. A. M. Williams & Co.Oregon Supreme Court · 1936
- Sprague v. AstoriaOregon Supreme Court · 1921
- Schassen v. Columbia Gorge Motor Coach SystemOregon Supreme Court · 1928
- City of Las Vegas v. SchultzNevada Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.