Miller v. Portland
Oregon Supreme Court
Prom Multnomah: Robert Q-. Morrow, Judge. Statement by Mr. Chief Justice Moore. This is a suit by Jessie A. Miller and others against the City of Portland, a municipal corporation, to enjoin the enforcement of a lien for a part of the expenses incurred in improving streets.
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Prom Multnomah: Robert Q-. Morrow, Judge. Statement by Mr. Chief Justice Moore. This is a suit by Jessie A. Miller and others against the City of Portland, a municipal corporation, to enjoin the enforcement of a lien for a part of the expenses incurred in improving streets. The facts, as far as involved herein, are that the council of the City of Portland adopted a resolution, February 24, 1909, requiring the city engineer to prepare and file with the auditor plans and specifications for the improvement of Hall Street, from the east line of Fourteenth Street westerly to its intersection with…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
The testimony of the city engineer, who had charge of the improvement which was made, is to the effect that beneath the surface, along the line of the proposed retaining wall, shale rock was found, thereby rendering it impossible to ascertain, by drilling or boring into the earth, the depth required for a proper foundation, which could have been determined only by *168digging a trench the entire length of the wall. The testimony, however, of the foreman who put up the concrete retaining wall, is in substance that at ah expense of not more than $25 the depth of…
2Cases cited7 opinions
- Bolton v. GilleranCalifornia Supreme Court · 1894
- Chase v. City Treasurer of Los AngelesCalifornia Supreme Court · 1898
- McCaleb v. DreyfusCalifornia Supreme Court · 1909
- N. P. Contracting & Paving Co. v. City of PasadenaCalifornia Supreme Court · 1897
- Stansbury v. WhiteCalifornia Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- La Follette v. City of FairmontWest Virginia Supreme Court · 1953
- Parker v. Hood RiverOregon Supreme Court · 1916
- Lawrence v. City of PortlandOregon Supreme Court · 1917
- Martin v. City of TigardCourt of Appeals of Oregon · 2002
- Voogd v. JOINT DRAIN. DIST., KOSSUTH & WINNEBAGO COS.Supreme Court of Iowa · 1971
1 more not listed; retrieve them via the Exa API.