# McLain v. Lafferty

> Oregon Supreme Court · February 10, 1971 · 257 Or. 553

URL: https://www.frixlaw.com/law-library/cases/9586464

## Case

- **Full name:** McLAIN, Respondent, v. LAFFERTY, Appellant
- **Court:** Oregon Supreme Court
- **Decided:** February 10, 1971
- **Citations:** 257 Or. 553; 480 P.2d 430; 1971 Ore. LEXIS 497
- **Precedential status:** Published
- **Opinion:** Dissent by O'Connell
- **Judges:** Denecke, O'Connell
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9586464

## Opinion text

O’CONNELL, C. J.,
dissenting.
It is my opinion that ORS 485.020 was intended to be an autonomous statute dealing with the operation of school busses in relation to the safety of the children transported by school bus and that ORS 483.362 was not intended to control in those circumstances. It is provided in ORS 485.050 that the Department of Education has the power to implement ORS 485.020 by adopting regulations relating to the safety of the operation of school busses. In my opinion Regulation 19, adopted by the Department, was within the authority granted to it under ORS 485.050.
Howell, J., joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9586464. Public record. Not legal advice.