The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1895-02-14
SENATE BILL NO. SO.

ate, bearing the number indicated above,
in which relief to the amount of $40, 900
is provided for Iva Temp1eton, of Linn
county, for injuries sustained on public
highway in 1880. The CAzETTE has OBJ
tained tie following history of the mat
ter from reliable source: It seems that
in July, 1862, Iva Tenpleton, and sofne
others were returning froal a berTying
trip il: the mountains. and they came to
a bridge over the Callipooia creek in Linn
drove on tie bridge, down steep bank,
and when the wagon got on the bridge it
fell down, throwing tie w.o-e business,
girl, wagon, team and bridge, 80 feet be-
loF7, into t:,G water az-org the rocks.
Her arm was broken and the Use of it
destroyed; her leg was broken, AID the
bone forced through the flesh; and al of
her clothing remained in that condition
for several hours. Afterward the leg lad
to be arnputated, between the thigh and
knee. Her teeth were knocked out, and
her face di36gu-ed fer life.
She lad to gay out s-rera1 thousand
dollars Eo- attendance ead medical skill,
aad was coalzed to Ter oed for year,
and now GOES On clutches, al invalid,
and almost helpless, all on account Of
that accident.
One would naturally ask, ''Why didn't
she sue Linn county foz danlages" So
she did, but in 1857 the legislature had
amended a law allowing damages for
such accidents, by which amendment she
was prevented frotu obtaining damages
from thu county, although the consti-
tuition of tie state plainly declares that
everyone shall have a remedy by due
course Of law for srch an injury. The
supreme court decided against her and
she was cut cfls from any remedy. J.ldge
Lord, in his opinion in that case said she
ought to nave Ter rc1nedy I'D that the
county was liable, bit Judges Strahs1
and Bean thought otherwise, as a point
Of law. Wl-e:, the case vas decided ard
its effect s2cn, tt.a 1aw 7sras gain changed
by the 1cgialatlre eni parsons now have
rerledy zcai:-s- tile county for slc.I iaju-
rias, bit IS o.-e has s.:ei oace SIZE cannot
come Il a,%~ai1; at:d hence must ask the
legislature for relief. It is ri,izlt that the
legislature should grant it because, 11av-
ing taken away her remedy, it leaves her
without tie protection guaranteed to
r,r AoAa
stitution. !: a2s tie only case which
came up under tI-at defective law and
cannot sand as precedent for any other
case in Tie future because the victim of
any similar accident IN the future can
obtain redress through the courts-the
redress which that defective statute
denied to her.
She was lovely young woman before
this accident and was left helpless
Invalid and MANNED and dis6gured for
life, and constantly at expense for rnedi-
cires and treatment for internal injuries
sustained in the same accident, and if
the relief granted in the bill is allowed
she will be able to pay OF the debts this
accident coz 1e1, a1d h,7e, by safe
methods Of Investment, just about
enough income to provide the necessaries
of lie a-1d pay for medical attendance
The case IS an aggravaeed one, and one
which appeals to the manhood and sense
of justice CT every one WAC knows the
true condition Of the case;, and the seal
Of approoat:on to this relief bill has bean
put i:zto expression by petition of over
I,25o taxpayers il the state, who know
the case and ali about it. The judge
who rendered the decision against her
damage case, ard the attorneys who de-
Tended the case, all signed the petitions
for her relief, and it IS just one of those
cases, for Zgi1icl tie Jaws
failed to provide a renedy, and as the
legislature was responsible for taking
away ter remedy, although isnorant of
the co.1se4aez12s % is st. 50 tie legis-
1ature sllo-td 1e41sss her i.j 4-ie5, aad
pass the bill.