Case law

State v. Akins

373 Or. 506 · Oregon Supreme Court · Apr 17, 2025

First, the legislative history clearly shows how the term “declarant” came to be in OEC 803(18a)(b). … Second, the legislative his- tory clearly conveys the purpose of the provision.

Northwestern Ice & Cold Storage Co. v. Multnomah County

228 Or. 507 · Oregon Supreme Court · Oct 25, 1961

. *514 The legislature in 1939 passed ORS 373.040, which reads in full as follows: “(1) If consent is given by the governing body of any city to change any grade of any street as such grade has been established or maintained … However, we are unable to find in the Act a clear expression manifesting an intention by the legislature to waive its immunity as to interest on its debts.

Smith v. ABEL

211 Or. 571 · Oregon Supreme Court · Oct 23, 1957

And the experience base was hardly that of an established business. … The evidence clearly shows a dispute as to the requirements of the contract, which, in view of the ambiguities in the contract, was understandable.

Mayor v. Dowsett

240 Or. 196 · Oregon Supreme Court · Mar 17, 1965

The case is, therefore, clearly distinguishable. … As the evidence clearly would not have justified their submission, there was no error in the ruling.

State v. Campbell

299 Or. 633 · Oregon Supreme Court · Aug 20, 1985

Thus the testimony was pot admissible unless it qualified as one of the exceptions to the hearsay rule set forth in OEC 803 or 804. … The declaration clearly falls within an ancient and firmly rooted hearsay exception. 10 Although much has been written about whether out-of-court statements by children concerning sexual misconduct are inherently reliable

Smothers v. Gresham Transfer, Inc.

332 Or. 83 · Oregon Supreme Court · May 10, 2001

exclusive source and means by which subject workers, their beneficiaries and anyone otherwise entitled to receive benefits on account of injuries or diseases arising out of and in the course of employment shall seek and qualify … Regarding the remedy clause in Article IX, section 11, he wrote: “[Article IX, section 11,] was clearly intended to insure the constant and regular administration of justice between man and man.

Sheppard v. Progressive Classic Ins. Co.

375 Or. 262 · Oregon Supreme Court · May 14, 2026

And even when using the word “permanent” in those qualified ways, the court did not seem to suggest that only vehicles made avail- able to that extent would be subject to the exclusion. … Thus, the court was describing polar opposites, with the exclusion clearly encompassing one pole and just as clearly not encompassing the other.

1000 Friends of Oregon v. Land Conservation & Development Commission

292 Or. 735 · Oregon Supreme Court · Mar 30, 1982

In any event, the goals are clearly rules within the meaning of ORS 183.310(7): “ ‘Rule’ means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law … We read the reference to qualify only the determination of urban population growth requirements.

Harley-Davidson Motorsports, Inc. v. Markley

279 Or. 361 · Oregon Supreme Court · Sep 13, 1977

The Court rejected the "public interest” criterion and chose to determine the applicability of the qualified privilege established by New York Times on the basis of the public or private status of the plaintiff. … This is clearly a First Amendment application of the rule. Neither Times ’nor Gertz ’protections apply to the case before us.

Rathfon v. Payette-Oregon Slope Irr. Dist

76 Or. 606 · Oregon Supreme Court · Jun 29, 1915

The authority exercised by the defendant is based upon the will of the people in establishing a district susceptible of irrigation from a common source. … Being thus qualified to enter into it voluntarily, he is subject to. the majority action of other landholders similarly situated.

State v. J. C. N.-V.

359 Or. 559 · Oregon Supreme Court · May 26, 2016

Thus, under the 1985 statute, youths who were 14 at the time of an act remained immune from criminal *576 prosecution. … However, focusing on the qualifying word “sufficient,” and the object of the understanding, the “nature and quality” of the conduct, the state contends that the statute requires no more than an adult-like mental grasp of

United Engine Parts, Inc. v. Ried

283 Or. 421 · Oregon Supreme Court · Sep 12, 1978

Defendant’s counterclaim was clearly one of a legal rather than equitable nature. Ordinarily, in such a case we are bound by ORS 17.435 and Art. … Exhibit 10, on the other hand, in the amount of $124.11 and dated January 17,1976, clearly does not cover anything connected with the oil cooler assembly.

State v. Mellenberger

163 Or. 233 · Oregon Supreme Court · Nov 14, 1939

We are clearly satisfied that the doctrine of particeps criminis has no place in the administration of the criminal law. … We are clearly satisfied that the statute is not susceptible to the interpretation championed by the defendants. But State v.

State v. Stilling

285 Or. 293 · Oregon Supreme Court · Feb 21, 1979

We hold, though, that the instruction given in this case did not deny defendant due process by shifting the burden of proof, since it did not explain the effect of the disputable presumption and was qualified in terms of … The factors included the other instructions given to the jury, which defined intent and provided that the state has the burden of proof beyond a reasonable doubt, and the overall evidence which clearly indicated that the

Peters v. Central Labor Council

179 Or. 1 · Oregon Supreme Court · Mar 27, 1946

That courts may take into consideration the purpose of the picketing is established by the great weight of authority. See eases collated in note 116 A. L. R. 501. Also see Teller on Labor Disputes, Vol. I, § 114. … That important and highly controversial question will be reserved for decision when and if it comes before us on a record where the intention of the union thus to picket is clearly manifested.

Twohy Bros. v. Ochoco Irrigation District

108 Or. 1 · Oregon Supreme Court · Dec 5, 1922

any and all actions and proceedings, suits at law or in equity, necessary or proper, in order to fully carry out the provisions of this act, or to enforce, maintain, protect or preserve, any and all rights, privileges and immunities … The court says: “We are clearly of the opinion that the position of the defendant is right.

In re Ard

369 Or. 180 · Oregon Supreme Court · Dec 30, 2021

After Judge Bagley’s counsel unsuccessfully attempted to persuade respondent to dismiss, citing judi- cial immunity principles, Judge Bagley moved for dismissal, which generated additional responsive filings. … As established by ORCP 17 C, a lawyer such as respondent should not have engaged in that conduct.

Netter v. Edmunson

71 Or. 604 · Oregon Supreme Court · Jul 28, 1914

At the trial of the case, plaintiffs produced nine experienced hop buyers, who after qualifying as experts as to the quality of hops, testified in perfect unison of opinion that the hops grown by defendants and offered to … Clearly to grasp the nature of the objections interposed, we deem it prudent to quote certain portions of the evidence.

Chandler v. State

230 Or. 452 · Oregon Supreme Court · Apr 18, 1962

That statute requires that the "facts alleged in the petition ... must be established by a preponderance *455 of competent evidence." Clearly that was not done in this case. … Kreutzer, 226 Or 158 , 359 P2d 536 , in which we held that in view of the express provisions of ORS 44.020 and 44.030, the trial court cannot refuse to permit minor children to testify if they are qualified under the statutes

Magness v. Kerr

121 Or. 373 · Oregon Supreme Court · Mar 9, 1927

Following the conveyance, the county established a county high school upon the property, but just before a local initiative measure to abolish the county high school was to be voted upon by the people of the county the grantors … The distinction between an estate upon condition and an estate with a limitation annexed is clearly recognized by courts and text-writers, and the difference between the two is illustrated in 2 Wash, on Beal Property (5 ed