Oregon Supreme Court, 1939

Atwater v. City of Toledo

Atwater v. City of Toledo
Oregon Supreme Court · Decided November 7, 1939 · Kelly, Rand, Rossman, Bailey
96 P.2d 1081; 163 Or. 193; 1939 Ore. LEXIS 136 (Pacific Reporter, Second Series)

Atwater v. City of Toledo

Opinion of the Court

KELLY, J.

This case is controlled by the decision this day rendered in Adams et ux. v. City of Toledo and Owen Hart. On appeal these two cases were argued together.

The demurrer to plaintiff’s amended complaint should have been overruled. The judgment of the circuit court is reversed and the cause remanded for further proceedings not inconsistent herewith.

Rand, C. J., and Rossman, J., concur. Bailey, J., concurs in the result.

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