Platt v. Newberg
Oregon Supreme Court
Prom Yamhill: Harry H. Belt, Judge. In Banc. Plaintiff instituted this action to recover damages for injuries, which she alleged she sustained because of the defective condition of a sidewalk in the defendant city. The defendant George Larkins was the mayor, and defendants L. M. Moore, Thomas Sutton, D. D. Coulson, W. W. Silver and Q. M. Keiling were members of the common council of said defendant City of Newberg.
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Prom Yamhill: Harry H. Belt, Judge. In Banc. Plaintiff instituted this action to recover damages for injuries, which she alleged she sustained because of the defective condition of a sidewalk in the defendant city. The defendant George Larkins was the mayor, and defendants L. M. Moore, Thomas Sutton, D. D. Coulson, W. W. Silver and Q. M. Keiling were members of the common council of said defendant City of Newberg. A trial was had, and at the conclusion of plaintiff’s evidence, the court granted a judgment of non-suit in favor of the mayor and councilmen of said city, and denied a motion for…
1Opinion of the CourtMcCOURT, J.
The charter of the defendant City of Newberg was enacted by the legislature (Special Laws 1893, pp. 282-318) and vests in the municipality exclusive authority and control over the highways within its limits, and imposes upon the corporation the duty of improving such highways and keeping the same in repair, and gives to it ample power to secure the means and funds necessary to make such improvements and repairs. The powers and duties granted by the charter are vested in the mayor and council and their successors in office. The charter also provides for the election of a superintendent of…
2Cases cited18 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Mattson v. AstoriaOregon Supreme Court · 1901
- Simon v. NorthupOregon Supreme Court · 1895
- Templeton v. Linn CountyOregon Supreme Court · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Smothers v. Gresham Transfer, Inc.Oregon Supreme Court · 2001
- Hale v. Port of PortlandOregon Supreme Court · 1989
- Tomasek v. Oregon State Highway CommissionOregon Supreme Court · 1952
- Gearin v. Marion CountyOregon Supreme Court · 1924
- LEVENE ET UX. v. City of SalemOregon Supreme Court · 1951
16 more not listed; retrieve them via the Exa API.