Legal Opinion · Dissent

Yin Sang Shum v. Venell

Oregon Supreme Court

Decided September 18, 1975Published

1DissentTongue, J.

The majority, in a short opinion which fails to mention a number of important facts and to cite any legal authority to support the rule adopted by it, would establish a new and important precedent in Oregon to the effect that a farmer, logger, highway contractor, railroad or industrial plant conducting operations on land adjacent to a highway, causing clouds of dense smoke to blow over the highway, owes no duty to warn an approaching motorist of the hazard when the motorist “has knowledge that smoke has drifted upon the highway ahead of Mm” and that the danger “may be great or small,…

2Cases cited23 opinions

  1. Atchison v. Texas & Pacific Railway Co.Texas Supreme Court · 1945
  2. Oviatt, Administrator v. GarretsonSupreme Court of Arkansas · 1943
  3. Hudson v. GraceSupreme Court of Pennsylvania · 1943
  4. Pitcairn v. WhitesideIndiana Court of Appeals · 1941
  5. Westerman. v. StoutSuperior Court of Pennsylvania · 1975

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API