Humphry v. Portland’s Empirical Analysis
1916
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 1958
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ehrgott v. . Mayor, Etc., of City of N.Y. · Conrad v. . the Trustees of the Village of Ithaca · 14 E.H. Smith 123 - Missano v. Mayor of New York · Esberg Cigar Co. v. City of Portland · Wagner v. Portland
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“By analogy and based on the doctrine asserted by Judge Deady in Eastman v. Clackamas County (C.C.), 32 Fed. 24 , and recognized by Mr. Justice Lord *Page 229 in Templeton v. Linn County, 22 Or. 313 , 321 ( 29 P. 795 , 15 L.R.A. 703 ), we conclude a municipal corporation, in the absence of any statute governing the matter, is liable to a person sustaining an injury from a defective street or sidewalk, the repair of which it is incumbent upon the city to keep up, if it have the means of performing that duty or is granted the right of taxation or given the power of levying a special assessment for that purpose, and we adhere to the rule heretofore asserted, that under Article I, Section 10, of the Constitution of Oregon, a right of action to recover damages for an injury thus sustained cannot be so abridged by legislation as to deprive the injured party of all remedy. It is conceded, however, that by proper enactment the liability thus imposed upon a municipal corporation may be shifted to its officers or agents.”
1 later decision quote this exact passage“The City of Eugene shall not in any event be liable in damages to any person for an injury caused by any defect or dangerous place at or in any sidewalk, * * * unless the mayor, chairman of the street committee, or street commissioner shall have had actual notice of such defect or dangerous place, and a reasonable time thereafter in which to repair or remove such defect or dangerous place before the happening of such accident or injury, and in no case shall more than $100 be recovered as damages, from the city for any such accident or injury.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.