Case law

Ragnone v. Portland School District No. 1J

291 Or. 617 · Oregon Supreme Court · Sep 22, 1981

Shortly after the mother country proceeded to abolishment of the occupier's partial immunity to claims of the injured licensee, the courts of the American states began to examine the continuing validity of the grant of immunity … The court would still take from the jury those cases in which it could say that the actor's conduct clearly meets the required standard of care or clearly falls below it.

Barrett v. Coast Range Plywood

294 Or. 641 · Oregon Supreme Court · Apr 6, 1983

Oregon cases have considered the requirement for expert medical testimony in establishing workers’ disability. … Clearly the field of specialization of a competent medical witness affects the weight to be accorded his evidence, not its admissibility, and the Commission is the judge of the weight of the evidence.” 509 P2d at 633 .

State v. Ware

79 Or. 367 · Oregon Supreme Court · Feb 8, 1916

It requires no argument to establish the truth that this is a proper exercise of the police power. … The state owes a duty in this regard just as clearly as it does to protect the ignorant and the unwary from the machination of the confidence man or the extortion of the highwayman, and if the lender under such circumstances

Haines v. City of Forest Grove

54 Or. 443 · Oregon Supreme Court · Aug 26, 1909

It will thus be seen that the manner of proceeding is clearly indicated in the general act. … It is a well-established rule that pleadings, when tested by demurrer, must be construed most strongly against the pleader.

Adair, Adm'x v. Valley Flying Service

196 Or. 479 · Oregon Supreme Court · Nov 14, 1952

“That plaintiff is now the duly appointed, qualified and acting administratrix of the estate of Darius C. Adair, deceased. “II. … Contributory negligence must appear in plaintiff’s evidence so clearly as to disprove the cause of action stated in the petition, * * (Italics ours.)

State v. Reed

52 Or. 377 · Oregon Supreme Court · Oct 13, 1908

, and admitted, clearly within the purview of Section 1907 of the Code. … Under these facts the crime charged was completely established and admitted.

Boytano v. Fritz

321 Or. 498 · Oregon Supreme Court · Aug 24, 1995

The second situation occurs when, “[d] espite compliance with proper procedures, * * * the measure is legally insufficient to qualify for that ballot.” Ibid. … which plaintiff relies heavily: “[A] general law addressed primarily to substantive social, economic, or other regulatory objectives of the state prevails over contrary policies preferred by some local governments if it is clearly

State Ex Rel. Brewster v. Ostrander

212 Or. 177 · Oregon Supreme Court · Nov 13, 1957

The act authorizing the creation of non-profit corporations clearly intends that such corporations shall have members. … Ordinarily the directors of a corporation continue in office until their successors are elected and qualified.

Campbell v. Aldrich

159 Or. 208 · Oregon Supreme Court · Mar 31, 1938

It is also equally well established that the intention of the legis *214 lature thus to create contractual obligations, resulting in extinguishment to a certain extent of governmental powers, must clearly and unmistakably … It is unquestionably the function of government to establish and maintain public schools.

Lowes v. Thompson

374 Or. 23 · Oregon Supreme Court · Jul 17, 2025

court explained that, when the parties contractually agreed not to make disparaging statements, “they necessarily waived the rights—constitu- tional and statutory—to make them, even if those state- ments would otherwise qualify … a building per- mit provided a “substantial basis in fact and law” for developer’s claim (internal citations and quotation marks omitted)); Pennsbury Village, 608 Pa at 325, 11 A3d at 916 (holding that defendant was not immune

Howell v. Boyle

Oregon Supreme Court · Mar 14, 2013

But it concluded that such a “new balance” was clearly within the legislature’s authority, notwithstanding the limitations of the remedy clause. Id. In Neher v. … harm qualifying as a legal injury remain liable.

Shelley v. Shelley

223 Or. 328 · Oregon Supreme Court · Jul 20, 1960

It is probably fair to say that the duties created by the marriage relation, at least as they are evaluated upon the termination of the marriage, are conceived of as more qualified than those arising out of the paternal relationship … For the reasons heretofore stated, the beneficiary’s in: terest in the corpus is not made immune from these claims.

Huffman and Wright Logging Co. v. Wade

317 Or. 445 · Oregon Supreme Court · Aug 19, 1993

Robertson, supra, this court established a framework for evaluating whether a law violates Article I, section 8. … But in this case we have found no other conduct that could qualify as this tort. ’ ’ Hall v. The May Dept. Stores, supra, 292 Or at 146-47 (citation omitted). Lewis v.

State v. Childs

252 Or. 91 · Oregon Supreme Court · Nov 20, 1968

‘I’ll put the fire out, honey.’ ” The above-quoted material clearly demonstrates the kind of appetite to which the book is designed to appeal. … Under proper instructions, the jury is qualified to weigh a particular book or movie.

Chaperon v. Portland Electric Co.

41 Or. 39 · Oregon Supreme Court · Feb 24, 1902

It so qualifies the act as to render it actionable, and the allegation is treated as a statement of an ultimate fact, rather than a mere conclusion of law. 2. … Other instructions requested were clearly covered by the general charge. There being no error in the record, the judgment of the court below will be affirmed, and it is so ordered. Affirmed.

Scovill v. City of Astoria

324 Or. 159 · Oregon Supreme Court · Sep 6, 1996

Moreover, no such change in substantive law follows from the PGE case. 8 Defendant’s third argument is that defendant is immune under ORS 426.470 for any breach of a duty stated in ORS 426.460(1). … The legislature clearly intended to protect intoxicated persons who, like decedent, are a danger to themselves.

State Ex Rel. Stadter v. Patterson

197 Or. 1 · Oregon Supreme Court · Dec 11, 1952

The same procedure followed in 1952 should be equally immune to criticism. … But the amendment is clearly retroactive and on its face it purports to extend the terms of any senator or representative whose terms would have expired on the day following the regular general election in 1952.

Heuel v. Wallowa County

76 Or. 354 · Oregon Supreme Court · May 25, 1915

The title of the act assailed is as follows: “To provide for laying out, establishing, constructing, improving, and relocating county roads; providing for the establishment of road districts and the appointment of supervisors … Of these the court found that 38 were qualified remonstrators.

State Land Board v. Nortin

177 Or. 342 · Oregon Supreme Court · Sep 12, 1945

It is an established rule of statutory construction that: “In the absence of anything in the statute clearly indicating a contrary intent, where the same word or phrase is used in different parts of a statute, it will be … The legislature was speaking of lineal descendants, and, as well, of kindred, qualified to inherit.

Lowes v. Thompson

374 Or. 23 · Oregon Supreme Court · Jul 17, 2025

court explained that, when the parties contractually agreed not to make disparaging statements, “they necessarily waived the rights—constitu- tional and statutory—to make them, even if those state- ments would otherwise qualify … a building per- mit provided a “substantial basis in fact and law” for developer’s claim (internal citations and quotation marks omitted)); Pennsbury Village, 608 Pa at 325, 11 A3d at 916 (holding that defendant was not immune