Slogowski v. Lyness

Plaintiff appeals from a judgment on the pleadings, dismissing plaintiffs negligence claim against defendant PacifiCorp. We affirm.

When we review a judgment on the pleadings, we must accept the allegations of fact in the pleadings as true. Beason v. Harcleroad, 105 Or App 376, 379-80, 805 P2d 700 (1991). The pleadings reveal the following facts.

Defendant James Lyness owns land adjacent to a roadway in Linn County. PacifiCorp holds an easement for right-of-way across that land. The easement grants

“the right to erect and maintain an electric power line, telephone or aerial cable line consisting…