Legal Opinion

Cole v. Seaside

Oregon Supreme Court

Decided April 4, 1916PublishedCited by 14 opinions

From Clatsop: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by R. R. Cole against the City of Seaside, a municipal corporation, J. L. Berry, city auditor, and George E. Shaver, city marshal.

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From Clatsop: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by R. R. Cole against the City of Seaside, a municipal corporation, J. L. Berry, city auditor, and George E. Shaver, city marshal. We learn from the complaint that the City of Seaside is a municipal corporation by virtue of certain acts of the legislative assembly hereinafter mentioned and a charter adopted by the voters under the initiative process on February 28, 1912. The other defendants are its auditor and marshal. For nearly 50 years there has been a public county road or highway running…

1Opinion of the CourtJustice Burnett

1. The complaint states, and on demurrer it must be taken as true, that the way in question is a public county road or highway.

2. In Yocom v. City of Sheridan, 68 Or. 232 (137 Pac. 222), this court, speaking by Mr. Justice Moore, says:

“Whether the laying out or opening of a rural road is under the jurisdiction .of a County Court, or the establishing or maintaining of a city street is subject to the control of a common council, such highways, so far as they subserve the easement of passage and its incidents, are free and at all times controlled by legislative authority. * * The streets of a…

2Cases cited16 opinions

  1. Straw v. HarrisOregon Supreme Court · 1909
  2. State v. Port of TillamookOregon Supreme Court · 1912
  3. Simon v. NorthupOregon Supreme Court · 1895
  4. Brand v. Multnomah CountyOregon Supreme Court · 1900
  5. City of Corvallis v. CarlileOregon Supreme Court · 1882

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. In Re Application of BoaltOregon Supreme Court · 1927
  2. La Grande v. Municipal CourtOregon Supreme Court · 1926
  3. Dent v. Oregon CityOregon Supreme Court · 1923
  4. City of Eugene v. RobertsOregon Supreme Court · 1988
  5. Seafeldt v. Port of AstoriaOregon Supreme Court · 1932

9 more not listed; retrieve them via the Exa API.

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