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KENDALL v. CURL ET AL

222 Or. 329 (1960)

353 P.2d 227

KENDALL v. CURL ET AL

Supreme Court of Oregon.

Affirmed as modified June 2, 1960.

Attorney(s) appearing for the Case

Joseph Larkin, Portland, argued the cause for appellant. With him on the brief were James C. Dezendorf and Koerner, Young, McColloch & Dezendorf, Portland, and Ralph Currin and Currin & French, Pendleton.

John H. Kottkamp, Pendleton, argued the cause for respondent C.C. Curl, Sr. Thomas M. Mosgrove, Pendleton, argued the cause for respondents Richard Curl and Nell Curl. With them on the brief were Fabre, Collins & Kottkamp and Cunha & Mosgrove, Pendleton.

Before McALLISTER, Chief Justice, and WARNER, PERRY, SLOAN, O'CONNELL, GOODWIN and MILLARD, Justices.

AFFIRMED AS MODIFIED.

GOODWIN, J.

The plaintiff, James Kendall, declined to plead further after the Circuit Court for Umatilla County sustained a demurrer to his second amended complaint, and appeals from the judgment entered for the defendants with costs.

The demurrer rests upon the proposition that the Oregon statutes on livestock running at large create immunity as a matter of law in favor of the owner of a horse which strays onto an interstate...

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