Domaschofsky v. Polk County

Richard Kevin Domaschofsky was injured in a collision between an automobile and a Southern Pacific Transportation Company freight train. The collision occurred at a crossing of a railroad track and a road maintained by Polk County.

Plaintiffs filed an action against both the County and Southern Pacific Transportation Company claiming damages in the sum of $250,000. The County demurred on the ground that ORS 368.940 (repealed Oregon Laws 1969, ch 429, § 6) prohibited claims against the County in excess of $10,000. Plaintiffs then filed separate actions against each party. Plaintiffs settled…