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SMITH v. CLACKAMAS COUNTY

448 P.2d 512 (1968)

Grace V. SMITH, Respondent, v. CLACKAMAS COUNTY, Appellant.

Supreme Court of Oregon, In Banc.

Decided December 11, 1968.

As Amended on Denial of Rehearing January 14, 1969.

Attorney(s) appearing for the Case

Thomas H. Denney, Deputy Dist. Atty., Oregon City, argued the cause for appellant. With him on the briefs was Roger Rook, Dist. Atty., Oregon City.

Gary M. Bullock, Portland, argued the cause for respondent. With him on the brief were Lent, York, Paulson & Bullock, Portland.

Carrell F. Bradley, of Schwenn, Bradley & Batchelor, Hillsboro, filed a brief as amicus curiae, on behalf of Tillamook County.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

GOODWIN, Justice.

The only question in this appeal is whether the 1965 amendment1 to ORS 368.935 (concerning the liability of a county for damages caused by defective roads) was intended to be retrospective or prospective. The current version of the statute is found in ORS 368.940.2

In April of 1965, when the plaintiff was injured, ORS 368.935 provided that counties were strictly liable, without proof...

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