DOMASCHOFSKY v. POLK COUNTY


530 P.2d 852 (1975)

James DOMASCHOFSKY and Richard Kevin Domaschofsky, by His Guardian Ad Litem, James Domaschofsky, Appellants, v. POLK COUNTY, a Political Subdivision of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided January 20, 1975.

Rehearing Denied February 26, 1975.

Review Denied March 27, 1975.


Attorney(s) appearing for the Case

Scott McArthur, Monmouth, argued the cause for appellant. With him on the brief were McArthur & Horner, P.C., Monmouth.

Dwight L. Ferris, Deputy Dist. Atty., Dallas, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.


FOLEY, Judge.

Richard Kevin Domaschofsky was injured in a collision between an automobile and a Southern Pacific Transportation Company freight train. The collision occurred at a crossing of a railroad track and a road maintained by Polk County.

Plaintiffs filed an action against both the County and Southern Pacific Transportation Company claiming damages in the sum of $250,000. The County demurred on the ground that ORS 368.940 (repealed Oregon Laws 1969...

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