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Court of Appeals of Oregon, 1981

Southern Pacific Transportation Co. v. School District No. 40

Southern Pacific Transportation Co. v. School District No. 40
Court of Appeals of Oregon · Decided February 18, 1981 · Campbell, Roberts, Tempore
50 Or. App. 607; 624 P.2d 176; 1981 Ore. App. LEXIS 2124

Southern Pacific Transportation Co. v. School District No. 40

Opinion of the Court

PER CURIAM.

Affirmed. Espinosa v. Southern Pacific Trans., 50 Or App 561, 624 P2d 162 (1981).

Roberts, J., dissenting in part.

Campbell, J. Pro Tempore, vice Young, J.

Young, J., not participating.

Dissenting Opinion

ROBERTS, J.

dissenting in part.

For the reasons stated in my dissenting opinion in Espinosa v. Southern Pacific Trans., 50 Or App 561, 624 P2d 162 (1981),I also dissent from the holding in the present case that the school district’s liability is limited by ORS 30.270 when the district has available insurance which exceeds the liability limits of that statute.

Campbell, J., Pro Tempore, joins in this dissenting opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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