Case law

Unander v. United States National Bank

224 Or. 144 · Oregon Supreme Court · Oct 5, 1960

Clearly, this is an educational use within the meaning of the language of OKS 118.020(1) (c). … The burden is on a claimant to prove or establish clearly a right thereto. Stebco, Inc. v. Gillmouthe, 189 Or 427, 437 , 221 P2d 914 ; Benton County v.

Chaffin v. Chaffin

239 Or. 374 · Oregon Supreme Court · Dec 31, 1964

But it would be clearly wrong to permit the minor child to hold the parent liable for these unintended injuries. … Justice O'CONNELL's opinion that spousal immunity should no longer be retained. I have doubts, however, as to applying the same rule to parental immunity.

Corporation of the Sisters of Mercy v. Lane County

123 Or. 144 · Oregon Supreme Court · Oct 21, 1927

It does not grant to a sailor immunity from arrest for debt, and refuse it to his neighbor, if they be similarly situated. The same privilege or immunity is extended by the act to all in the same situation. … Any person who is a sailor may enjoy the immunity, and any citizen desiring such immunity may have it in the words of the Constitution, ‘upon the same *161 terms,’ by becoming a sailor.'

Arrowood Indemnity Co. v. Fasching

369 Or. 214 · Oregon Supreme Court · Feb 10, 2022

But, as we explain below, none of those cases establish that a “duty to report” is sufficient to qualify a record for the exception. … Cite as 369 Or 214 (2022) 245 record had “made and kept” its records, and noting that the legislative history “clearly established” the drafters’ intent “that the introducing witness have

State v. Langan

301 Or. 1 · Oregon Supreme Court · Apr 22, 1986

Hitchcock, 142 US 547, 563-85 , 12 S Ct 195 , 35 L Ed 1110 (1892). 4 The prosecution in this case had been completed *6 when defendant was convicted, and he was immune from further jeopardy for the same offense. … Neither extreme seems consistent with the legislative objective to free the qualified applicant who has completed his sentence from the stigma of a prior conviction, particularly in finding work.

State ex inf. Tongue v. Gilbert

66 Or. 434 · Oregon Supreme Court · Sep 9, 1913

The one was new territory which had never been subjected to municipal government; the other, contiguous municipalities already established. … Johns case is clearly distinguishable from the present one. .

Robinette v. SAIF

369 Or. 767 · Oregon Supreme Court · Jun 3, 2022

In SAIF’s view, ORS 656.214 and the surrounding statutes that govern awards for permanent partial disability clearly demonstrate that findings of loss that are unrelated to the compensa- ble injury do not qualify as impairment … But those losses fail to qualify as “impairment.”

Crosby v. Portland Ry. Co.

53 Or. 496 · Oregon Supreme Court · Mar 23, 1909

or knowledge of the particular facts therein questioned might lessen the weight to be given to his testimony, it would not affect the competency of a witness otherwise qualified. … Moreover, the “car track” as here used clearly has reference to the space necessarily covered by defendant’s cars in passing: Potter v. Leviton, 199 Ill. 93 ( 64 N. E. 1029 ); Delaware Can. Co. v. Whitehall, 90 N.

Peterson v. Valley Packing Co.

202 Or. 489 · Oregon Supreme Court · Nov 10, 1954

They merely provide facilities for temporary care and disposition of livestock by well-established commercial methods. They are not livestock homes; they are merely “livestock hotels”. … Justice Warner so clearly pointed out in our former opinion, interstate commerce is a practical conception to be determined upon consideration of established facts and known commercial methods. In Stafford v.

Pruitt v. Muldrick

39 Or. 353 · Oregon Supreme Court · Jun 3, 1901

Laws, is exclusive, and supersedes the action which formerly obtained for the purpose of establishing a claim against the estate of a deceased person, but the. position is untenable. … The judgment rendered by the county court indicates quite clearly that the result was not arrived at upon *359 the merits of the controversy, which involved the question whether the claim was just and proper to be paid by

Ex parte Kerby

103 Or. 612 · Oregon Supreme Court · Mar 21, 1922

These cases establish that provisions of the Constitution may be repealed by implication. … State is reviewed by the author in Jame-son on Constitutional Conventions (4 ed.), Sections 551a, 552, 553, 554, 555, wherein it is clearly pointed out that the decision is erroneous and based upon fallacious reasoning, and

State v. Couch

341 Or. 610 · Oregon Supreme Court · Nov 9, 2006

Under that definition, the state argues, "wildlife" clearly would include the deer species named in the challenged information. … As we have established, however, that premise cannot be squared with the plain text of the term's definition in ORS 496.004(19).

Jury Service Resource Center v. De Muniz

340 Or. 423 · Oregon Supreme Court · Apr 27, 2006

under the Oregon Public Records Law, ORS 192.410 to 192.505, and their arguments under the Oregon Constitution, including Article I, section 8 (free speech), section 10 (open courts), and section 20 (equal privileges and immunities … If the particular proceeding in question passes these tests of experience and logic, a qualified First Amendment right of public access attaches.

State v. Chorney-Phillips

367 Or. 355 · Oregon Supreme Court · Dec 24, 2020

Chorney-Phillips to establish that the jury instruction was harmless beyond a reasonable doubt. See Chapman v. … As a result, we held that the instructional error was harmless as to the convictions that were clearly based on unanimous verdicts. This case differs from Flores Ramos in two pertinent ways.

Smith v. Caro & Baum

9 Or. 278 · Oregon Supreme Court · Mar 15, 1881

Gear, 38 Conn., 16 , the court say, that “the contract of indorsement is implied by law as clearly and perfectly from the blank indorsement of a negotiable note, irrespective of any contingency of negotiation, as if written … of judicial opinion upon the question of indorsements in blank, and that there is a strong current of authority to the effect that an indorsement in blank is not a written instrument, and consequently not entitled to its immunities

Mendiola v. Graham

139 Or. 592 · Oregon Supreme Court · Mar 16, 1932

On October 1, 1930, the county grazing board met and after a hearing on said petition made and entered an order establishing said grazing district as described in the petition and notice for its establishment. … The method might have been more clearly defined, yet it would seem to be a reasonable way of fixing boundaries.

Bellikka v. Green

306 Or. 630 · Oregon Supreme Court · Sep 29, 1988

Where a statute establishes all the elements of common-law negligence, the violation of the statute can be pled as a fact to establish negligence per se. … The legislature wrote the present subsection (1) to state clearly that the landlord was obliged to maintain the habitability of the dwelling unit.

State Housing Council v. City of Lake Oswego

291 Or. 878 · Oregon Supreme Court · Nov 3, 1981

We allowed review to examine whether this conclusion went too far to immunize local fiscal devices directed at land development from compliance with the statewide land use goals. … Also in a new proceeding, perhaps LUBA or LCDC may choose to refine its criteria when fiscal devices by their purpose or design qualify as land use regulations, which the Court of Appeals thought so farreaching and inexact

State v. Whiteaker

118 Or. 656 · Oregon Supreme Court · Jul 2, 1926

This evidence tended to establish a course of dealing in the “securities.” … McCalla, supra; “If the advice of counsel could afford immunity to one accused of the violation of a penal statute, it would result in the advice of an attorney being paramount tb the law.

McCann v. Rosenblum

355 Or. 256 · Oregon Supreme Court · Apr 24, 2014

Among other changes, IP 47 would create a new administrative agency, the Oregon Distilled Liquor Board (ODLB), establish regulatory requirements for whole- salers and qualified retailers, dispose of OLCC property, and wind … sales of liquor by qualified retailers; imposes taxes roughly com- parable to current state markup; establishes regulatory requirements for sales and distribution.