Legal Opinion

Mattson v. Astoria

Oregon Supreme Court

Decided August 15, 1901PublishedCited by 69 opinions

From Clatsop : Thos. A. McBride, Judge. Action by Susan Mattson, as guardian ad litem for Henry Mattson, against the City of Astoria. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtChief Justice Bean

This is an action against the City of Astoria to recover damages for an injury alleged to have been caused by its failure to keep one of its public streets in repair and suitable for travel. The validity of a clause of the city charter exempting the city and the members of the council from liability in such cases is the only question presented by this appeal. By its charter, the city, the power and authority of which are vested in the mayor and common council (Laws, 1891, p. 280), is given control and management of the streets, and authority to raise money for their improvement and repair…

2Cases cited14 opinions

  1. Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
  2. Robinson v. . ChamberlainNew York Court of Appeals · 1866
  3. Hover v. BarkhoofCommission of Appeals · 1870
  4. Amy v. The SupervisorsSupreme Court of the United States · 1871
  5. Flanders v. Town of MerrimackWisconsin Supreme Court · 1880

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3Cited by69 opinions

  1. Smothers v. Gresham Transfer, Inc.Oregon Supreme Court · 2001
  2. Hale v. Port of PortlandOregon Supreme Court · 1989
  3. Horton v. Oregon Health & Science UniversityOregon Supreme Court · 2016
  4. Noonan v. City of PortlandOregon Supreme Court · 1938
  5. Kyllo v. PanzerSouth Dakota Supreme Court · 1995

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