Opinion

Tijerina v. Cornelius Christian Church

  • 273 Or. 58
  • 539 P.2d 634
  • 1975 Ore. LEXIS 302
Court
Oregon Supreme Court
Filed
Sep 5, 1975
Status
Published
Author
Howell
On the bench
O'Connell, Howell
Cited by
17 cases
Authority
More cited than 5.0%

“legislative history of [Oregon’s recreational use statute indicates legislative intent] to limit its application to landholdings which tended to have recreational value but not be susceptible to adequate policing or correction of dangerous conditions.”

How later courts described this case

  • “legislative history of [Oregon’s recreational use statute indicates legislative intent] to limit its application to landholdings which tended to have recreational value but not be susceptible to adequate policing or correction of dangerous conditions.”
  • "agricultural lands" not interpreted as land that could simply be farmed since the fact that land could be farmed does not distinguish it from most of the land in the state
  • application of the act should be limited to land which tended to have recreational value but was not susceptible to adequate policing or correction of dangerous conditions
  • interpreting Oregon's recreational use statute

Written by the judges who cited it.

The opinion

HOWELL, J.,

specially concurring.

While I have serious doubts that the average juror needs an expert witness to tell him the difference between a backyard pasture and an improved baseball field, I do not believe that such evidence was of any particular significance in this case. However, I do not believe that the test of admissibility of such evidence is whether or not expert evidence could be of help to a jury. If the expert opinion evidence is related to some technical field, it is admissible. If the jury is equally well qualified to find the truth or the subject is a matter of common knowledge, expert opinion evidence is not admissible. In the gray area in between we have held that the admissibility of such evidence is within the discretion of the trial judge. See Yundt v. D & D Bowl, Inc., 259 Or 247 , 486 P2d 553 (1971) ; Cooney v. McGee, 268 Or 521 , 521 P2d 1051 (1974).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.