Daily capital journal. (Salem, Oregon) 1903-1919, 1915-03-09
FREIGHT HELD VALID
CAUSE FOR DAMAGE
Supreme Court Also Declares
County Liable for Damages
to Property

Holding that while it was proper for
the trial court to hold that fright
should be reekoned as one of the causes
4 in the succession leading to an injury,
/ but that the court erred in assuming
that an actual injury did result from
such fright and in the admission of
evidence tending to establish breach of
contract, which issue was not set forth
in the pleadings, the supreme court this
morning reversed the decree of Judge
Eakin, of the circuit court for Colum-
! bia county, and ordered new trial in
the case of Sophia Salmi, respondent,
VS.. The columbia & Nehalem River rail
road, in which the plaintiff and respond
ent was awarded damages in the sum of
/ 81 800 for injuries received from fall,
caused by fainting when a blast was
set off near her home by the foreman
of crew of men engaged in clearing
right of way.
County Is Liable For Damages.
"Though purely municipal corpor-
alton does not ordinarily sustain to q
person injured by its negligence the ex-
act relation of quasi public corpora
tion, it is believed that the analogy is
sufficient to render a county liable in
damages for trespass upon private
property when such invasion practically
amounts to a taking of any part of
the premises without condemnation.'
Under this conclusion the supreme
court this morning reversed the iudg.
ment of Judge Holmes, of the circuit
court for Tillamook county in an action
for damages brought against Tillamook
county by John ThieleT, a farmer aris
ing out of the construction of a county
road which caused his land to be over.
flowed during freshets and which case
was dismissed by Judge Holmes on the
ground that under the provisions of see
tion 35S Of the Oregon statutes the
county in its corporate character can
not be sued for damages. The supreme
court opinion is per curiam, and the
amount of damages asked is $1,000.
Other deciions handed down today
were:
c. l.. Ireland VS.. sherman county, ap-
pcllant, appealed from Sherman county,
involving the review of the county
court 5 action in selecting the Grass
Valley Journal as the official county
newspaper, appeal from Judge Parker S
decision dismissed per curiam.
Sanford Hisrch VS.. Emanuel May, APP
pellont, appealed from Multnomah
county, suit for an accounting, opinion
by Justice Burnett, decision of Circuit
Judge Davis in favor of plaintiff af.
firmed
Phillip ". Lang VS., Camden Iron
Works, appellant, appealed from Multi
nomah county, action to recover for per.
sonal injuries, opinion by Justice Me.
Bride, Circuit Judge Cleeton S decision
in favor of plaintiff reversed.
II. II. Duff, appellant, VS.. Frank c.
Riggs, appealed from Multnomah coun.
ty, action for damages for personal in.
iures, opinion by Justice Mcbride, Cir
cult Judge McGim's decision in favor
Of defendant affirmed,
Cody Lumber company, appellant vs.
Arthug i, Coach ct al, appealed from
Coos county, action on promssory note.
opinion by Justice Benson, Circuit
Judge Coke S decision in favor of the
defendant affirmed.
f. L. McGinnis, appellant, VS.. Stude.
baker corporation of America, appealed
from Multnomah county, suit 80 recover
for services, opinion by Justice Harris,
Circuit Judge Harris decision in favor
of defendant affirmed.
Thomas X. Gekas VS.. Oregon.Wash
ington railroad and Navigation com.
pany, appclent, appealed from Multi.
nomah county, action for damages, opin.
ion by Justice Bean, Circuit Judge
Morrow s decision in favor of the plain.
tiff affirmed.
Petitions for rehearng were denied
in the following cases: Laughary VS..
Simpson, Clark Woodward Drug com.
pany vs.. Hot Lake Santorium Schada
w. Muller state eX rel VS.. Hodgin,
Field W.. Hood River Orchard Land
company.
Petition for rehearing was granted in
state cN rel VS.. Johnson.
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