Cherry v. Lane County
Oregon Supreme Court
Appeal from Lane: J. C. Fullerton, Judge. This is an action by David Cherry to recover damages for injuries to his lands, alleged to have been caused by taking gravel and stone therefrom by the road supervisor of the district for the repair of the county roads adjoining such lands.
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Appeal from Lane: J. C. Fullerton, Judge. This is an action by David Cherry to recover damages for injuries to his lands, alleged to have been caused by taking gravel and stone therefrom by the road supervisor of the district for the repair of the county roads adjoining such lands. To the complaint the defendant interposed a demurrer, challenging the sufficiency of the facts to constitute a cause of action, which was sustained by the court; whereupon the plaintiff refusing to further plead, judgment was given in favor of the defendant for its costs and disbursements, to reverse which the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Lord.
1. The complaint shows that A. C. Stevens was the duly appointed and qualified supervisor of the road district, etc., and that the damage to the plaintiff’s lands was caused by digging and carrying away gravel and rock therefrom for the purpose of repairing a county road adjoining such lands, and that the plaintiff made a "claim in writing to the county court for his damages at the regular term thereof in November, eighteen hundred and ninety-two, but that such court refused to allow him the amount of damages claimed, or any greater sum than thirty-three…
2Cases cited2 opinions
- Branson v. GeeOregon Supreme Court · 1894
- Kendall v. PostOregon Supreme Court · 1879
3Cited by8 opinions
- Blackwell, Enid & Southwestern Railway Co. v. BeboutSupreme Court of Oklahoma · 1907
- Sheridan County v. DavisNorth Dakota Supreme Court · 1932
- Baker County v. BensonOregon Supreme Court · 1901
- Caldwell v. Jackson CountyCourt of Appeals of Oregon · 1978
- Larsen v. LarsenSupreme Court of Pennsylvania · 1958
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