Smothers v. Gresham Transfer, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a statute deprives a person of a remedy under Article I, section 10, only if the common law would have provided a remedy for the same type of claim in 1857, when the Oregon Constitution was adopted
• “[W]e find no indication that the drafters sought to depart from the historical purpose of remedy clauses.”
• “[W]e find no indication that the drafters sought to depart from the his- torical purpose of remedy clauses.”
• Article I, section 10, applies only when “the common law of Oregon would have recognized an action * * * under the circumstances of \\the\\ case”
• “At a minimum, to be remedy by due course of law, the statutory remedy must be available for the same wrongs or harms for which the common-law cause of action existed in 1857.”
• “[T]he content of the common law in 1857 may be divined from a wide range of sources. Cases from other jurisdictions, as well as Oregon cases decided within a relatively short period after 1857, are instructive.”

Source: CourtListener parenthetical corpus (CC0).