Smo v. Black

This is the second appeal in this case. See Smo v. Black, 93 Or App 234, 761 P2d 1339 (1988). Defendants now appeal a judgment awarding plaintiff costs and attorney fees pursuant to ORCP 46A(4) and ORCP 46C because of defendants’ responses to requests for admissions under ORCP 45. We affirm.

Plaintiff brought this action for a declaratory judgment to establish her right to cross defendants’ land and to use a footbridge over the Smith River to get to her property. Her claim to use the bridge rested primarily on a written agreement entered into in 1963 by E. G. Dunn, plaintiffs predecessor in…