Colby v. City of Portland
Oregon Supreme Court
From Multnomab: Robert Tucker, Judge. In Banc. This is an action of negligence against the City of Portland brought by Victoria I. Colby for personal injuries alleged to have been received on the sixth day of May, 1915, as the result of a fall on a cross-walk at the intersection of East Salmon and East Thirty-second Streets in the City of Portland.
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From Multnomab: Robert Tucker, Judge. In Banc. This is an action of negligence against the City of Portland brought by Victoria I. Colby for personal injuries alleged to have been received on the sixth day of May, 1915, as the result of a fall on a cross-walk at the intersection of East Salmon and East Thirty-second Streets in the City of Portland. The case was tried before the court and a jury, resulting in a verdict for the plaintiff in the sum of $1,578.50. The facts involved were before this court in the case of Colby v. City of Portland, 80 Or. 359 (166 Pac. 537), decided July 3, 1917.…
1Opinion of the Court
BEAN, J. —
1, 2. The first question for consideration is raised by the demurrer to plaintiff’s complaint, interposed by the defendant upon the ground that it appears upon the face thereof that the action was not commenced within the time limited by the Code, and *568is barred. The trial court sustained the complaint and overruled the demurrer.
The complaint shows that the alleged injury occurred on May 6, 1915; that on June 1, 1915, plaintiff filed a claim for damagés against the City of Portland with the city auditor; that on July 6, 1915, the claim was presented to the council of the city; and…
2Cases cited9 opinions
- Henry v. City of LincolnNebraska Supreme Court · 1913
- Sheridan v. City of SalemOregon Supreme Court · 1886
- Colby v. City of PortlandOregon Supreme Court · 1917
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Caviness v. City of ValeOregon Supreme Court · 1917
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- Sprague v. AstoriaOregon Supreme Court · 1921
- Goodson v. . LehmonSupreme Court of North Carolina · 1945
- West v. Marion CountyOregon Supreme Court · 1920
- Maslov v. Manning, Chapel of the Roses, Inc.Oregon Supreme Court · 1964
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