Wright v. White
Oregon Supreme Court
1Opinion of the CourtLusk, J.
When the state confers judicial powers upon an individual, it confers them with full immunity from private suits, 2 Cooley on Torts (4th Ed.) 426, § 312. *144In the case of injury to an individual resulting from the exercise of such powers, it is said that the law will rather suffer a private mischief than a public inconvenience. Expounding the doctrine, Judge Cooley says {ibid.):
“In effect, the State says to the officer that these duties are confided to his judgment; that he is to exercise his judgment fully, freely, and without favor, and he may exercise it without fear; that the duties concern…
2Cases cited13 opinions
- Spalding v. VilasSupreme Court of the United States · 1896
- Watts v. GerkingOregon Supreme Court · 1924
- Shaw v. MoonOregon Supreme Court · 1926
- Kalyton v. KalytonOregon Supreme Court · 1903
- Caspary v. City of PortlandOregon Supreme Court · 1890
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3Cited by19 opinions
- Lundgren v. FreemanCourt of Appeals for the Ninth Circuit · 1962
- Kuhnhausen v. StadelmanOregon Supreme Court · 1944
- Anderson v. Chambliss Et Ux.Oregon Supreme Court · 1953
- Eaton v. DowneySupreme Court of Iowa · 1962
- Whatcom County v. LanglieWashington Supreme Court · 1952
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