Northwest Steel Co. v. School Dist. No. 16
Oregon Supreme Court
From Umatilla: Lawrence T. Harris, Judge. In Banc. Statement by Mr. Justice Benson. This is an action by the Northwest Steel Company, a private corporation, against School District No. 16 of Umatilla County, Oregon, a municipal corporation.
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From Umatilla: Lawrence T. Harris, Judge. In Banc. Statement by Mr. Justice Benson. This is an action by the Northwest Steel Company, a private corporation, against School District No. 16 of Umatilla County, Oregon, a municipal corporation. The facts are as' follows: In January, 1912, the defendant school district entered into a contract with the Advance Construction Company for the erection of a schoolhouse, exacting from the said company a bond for the faithful performance of the terms and conditions of such contract, but failed to require any bond for the protection of materialmen and…
1Opinion of the CourtJustice Benson
There is but one question to be determined, and that is: Has the materialman, under the facts stated, a right of action against the school district for damages by reason of the negligence of the defendant in failing to exact a bond such as is required by Section 6266, L. O. L.? Defendant contends, and the trial court-held, that the requirements of the statute create a public, and not a corporate or municipal, liability and therefore the defendant is not liable in damages for failure to comply therewith. There appear to be but few cases in which the question as applied to statutes similar to…
2Cases cited4 opinions
- Bryant v. City of St. PaulSupreme Court of Minnesota · 1885
- Owen v. HillMichigan Supreme Court · 1887
- Freeman v. City of ChanuteSupreme Court of Kansas · 1901
- Ihk v. Duluth CitySupreme Court of Minnesota · 1894
3Cited by9 opinions
- Royal School Laboratories, Inc. v. Town of WatertownCourt of Appeals for the Second Circuit · 1966
- Robbins v. City of SheffieldSupreme Court of Alabama · 1939
- Cowin & Co. v. City of MerrillWisconsin Supreme Court · 1930
- I. W. Phillips & Co. v. Board of Public InstructionSupreme Court of Florida · 1929
- Joseph Nelson Supply Co. v. LearyUtah Supreme Court · 1917
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