Daily capital journal. (Salem, Oregon) 1903-1919, 1915-06-29
CITY OF LA GRANDE
STUNG FOR COST Of
MACADAN PAVEMENT
ContributOry Negligence On
Part Of EmpIOye Does Not
Bar Action for Damages

"The situation is simply one where
the water of jurisdiction has run past
the mill of opportunity" similitudinar.
lily declared Justice Burnett of the su.
preme court in an opinion handed down
this morning in which it is held that
the city council of La Grande exceed.
ed its jurisdiction, as prescribed and
limited by its charter, when they re.
assessed the cost Of macadam pave.
ment to the property owners after the
assessment had been twice nullified bv
the circuit court and the Improvement
for which the assessment was made
had been completed.
This action is appealed from a de-
cision Of Judge Knowles, of the circuit
court for Union county, which upholds
the action Of the La Grande council
and which decision is reversed by the
supreme court and the assessment or.
dered set aside
Negligence no Bar to Recovery.
On the ground that Judge John S.
Coke, Of the circuit court for Coos
county, erred in instructing the Jury
to the effect that notwithstanding
the negligence or corelessness of the
defendant (employer), that if the
plaintiff (employe) himself has been
guilty of contributory negligence, such
negligence as proximately contributes
to the injury, then the plaintiff can.
not recover, Notwithstanding the neg,
ligence of the defendant, d, in constru.
ing the effect Of the employers liabil.
ity act, the supreme court reversed tho
trial court IS judgment in favor of the
Coos Bay Coal & Fuel company in an
action for damages brought by Rino
Raiha, who was injured as result
Of explosion Of gas caused by ignition
from the exposed flame of his lamp.
The case is remanded for Il new trial
not inconsistent with the opinion, The
opinion is written by Chief Justice
Moore.
Exceptions Must Be Shown,
Because the defendants and appel.
lants, Ben II. Wilson. ct al, failed to
make or show any exceptions TO the
rulings and findings Of the trial court
appealed from in his bill of exceptions
the supreme court this morning in an
opinion written by Justice Mcbride, af.
firmed the judgment Of Judge Gatons
Of the circuit court for Multnomah
county in the suit instituted and won
against the defendants by +, A. 9assity
charging fraud and conspiracy on the
part Of the defendants in inducing him
to invest 81 $50, in cash and collateral
security, in an alleged fraudulent pa.
tent right scheme.
Mortgagor May Recover Property,
Although a mortgage given upon real
to secure Il loan may be In the
form of an actual conveyance in which
the mortgage is given the right to
convey, the sale or transfer Of such
by the mortg0gcc does not in
any wise disturb the interest or title Of
he mortgagor in such property and he
s not deprived Of the right 10 bring
lction for the redemption Of the prop
'rty; neither is the mortgagec estop'
,ed from bringing suit In foreclosure
Ipon the mortgage.
Upon this holding the supreme court
n an opinion written by Justice Bur
lett this morning reversed the iudg
ncnt of Judge Webster Holmes, of the
ircuit court for Yamhill county and
cmanded the case Of Winnie A. and
Nary p. Vincent, VS.. the First National
Bank Of Newbefg, for further proceed
nps not inconsistent with the opinion. I.
d. W. Ruthfon VS.. Payctte-Orogon /
Slope Irrigation District, ct al appel
ants. Appended from Malheur county
uit to enioin defendants from perfect .
NC tax title to property, opinion by F.
Justice Bean. Circuit Judge B'ggs .
Judgment for plaintiff affirmed.
United States Fidelity and Guaran .
v company. appellant, Vs. g, + Martin
4 nl appealed from MuIinomah cnuh .
~. involving rc.deIiycry bond, op.
nion BY Justice Burnett Circuit Court .
}atcns' Judgment for defendant re..
,ersed,
Pnyettc-Oregon Slope Irrigation dis
rr, w. l.. E. Peterson, appellant, ape
,coIoi from Malhcur county involving
Nh, of bonds of district opinion by
rustice Bean. Circuit Judge Biggs
Judgment for plaintiff affirmed.
yotico Yoyoyich VS.. Falls City Lum
,cr company, appellant appealed from
,rulfpomah county, action for damage
.or death Of plaintiff son, opinion by
Justice Bean, Circuit Judge Nie''on
Judgment for plaintift affirmed.
Gns D Gross y,. w. W Gage. shef.
~ Of Coos county. motion TO rein.tate
.ppcal denied opinion by Judge Har'
lis.