Imhof v. Tillamook County

The plaintiffs in the captioned cases appeal from orders of the trial court dismissing those cases without prejudice for want of prosecution alleging abuse of discretion on the part of the trial court.1 We do not find such abuse and therefore affirm.

Imhof v. Tillamook County, Case No. 15-988, was commenced March 20, 1972. The theory of plaintiffs’ case is that defendants failed to properly maintain a railroad trestle located upon the Irnhofs’ real property and a railroad bridge across the Trask River. As a result, a dam of debris formed against the trestle and bridge, causing floodwaters to…