discussion issue in Oregon

2025We emphasized in Tomlinson that the discussion of factors supporting the parents’ claim for emotional harm from risks that the defendants did not create should not be mistaken for an “attempt to identify all possible factors that could be relevant in considering whether to recognize such a claim.” 362 Or at 446 .

2025We emphasized in Tomlinson that the discussion of factors supporting the parents’ claim for emotional harm from risks that the defendants did not create should not be mistaken for an “attempt to identify all possible factors that could be relevant in considering whether to recognize such a claim.” 362 Or at 446 .

2024DISCUSSION The issue raised by the parties is thus one of statutory interpretation, governed by the principles set out in PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993), and State v. Gaines, 346 Or 160, 171-72 , 206 P3d 1042 (2009).

2024DISCUSSION The issue raised by the parties is thus one of statutory interpretation, governed by the principles set out in PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993), and State v. Gaines, 346 Or 160, 171-72 , 206 P3d 1042 (2009).

2025We review the interpretation of a statute for legal error, applying our established framework in which we seek “to determine the legislature’s intended meaning by examining the statutory text in context, taking into account any legislative history that we find helpful.” State v. Wallace, 373 Or 122, 133 , 561 P3d 602 (2024) (citing State v. Gaines, 346 Or 160, 171-72 , 206 P3d 1042 (2009)).

2025We review the interpretation of a statute for legal error, applying our established framework in which we seek “to determine the legislature’s intended meaning by examining the statutory text in context, taking into account any legislative history that we find helpful.” State v. Wallace, 373 Or 122, 133 , 561 P3d 602 (2024) (citing State v. Gaines, 346 Or 160, 171-72 , 206 P3d 1042 (2009)).

2024DISCUSSION The issue raised by the parties is thus one of statutory interpretation, governed by the principles set out in PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993), and State v. Gaines, 346 Or 160, 171-72 , 206 P3d 1042 (2009).

2024DISCUSSION The issue raised by the parties is thus one of statutory interpretation, governed by the principles set out in PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993), and State v. Gaines, 346 Or 160, 171-72 , 206 P3d 1042 (2009).

2021The only discussion of the standard that the court would apply in considering petitioner’s Church motion occurred during the above colloquy, in which the court said “you need to establish to this Court, by a preponderance that—that these claims should be filed and included in your petition,” and petitioner simply replied, “Fair enough.” Nothing in that colloquy drew the petitioner’s complaint about counsel is legitimate,” and not whether the asserted grounds for post-conviction relief are themselves legitimate, Bogle, 363 Or at 473 , it is not clear to us that the court intended to say that th

2002Thus, if the buyer has done everything necessary under the contract to close the sale and there remains only the payment of future installments, the broker need not wait until the future installments are paid before he is entitled to his commission.” Id. at 22 .

1999The order of the Workers’ Compensation Board is reversed, and the case is remanded to the Workers’ Compensation Board for further proceedings. 1 For a discussion of that defense, see Tom O’Brien Construction, 148 Or App at 456 .

1996In Seeborg , the court's interpretation depended on FRCP 56(e), "the model for ORS 18.105(4)," 284 Or. at 700 , 588 P.2d 1100 , and the discussion of that rule in 10 Wright & Miller, Federal Practice and Procedure.

1996In Seeborg , the court’s interpretation depended on FRCP 56(e), “the model for ORS 18.105(4),” 284 Or at 700 , and the discussion of that rule in 10 Wright & Miller, Federal Practice and Procedure.

1996Estelle, 429 U.S. at 103-04 , 97 S.Ct. at 290-91 .

1996Estelle, 429 US at 103-04 .

1989For a discussion of our standard of review of motions to set aside default judgments, see Hackett v. Alco Standard Corp., supra n 3, 71 Or App at 33 n 7.

1989He simply kept the summons and complaint for nearly a month and then sent it on with no instructions to anyone to do anything. [4] For a discussion of our standard of review of motions to set aside default judgments, see Hackett v. Alco Standard Corp., supra n. 3, 71 Or.

1974The discussion of this presumption as it applies to use of breathalyzer equipment in State v. Fogle, 254 Or 268 , 459 P2d 873 (1969), does not dissuade us from applying it in this situation.

1974The discussion of this presumption as it applies to use of breathalyzer equipment in State v. Fogle, 254 Or 268 , 459 P2d 873 (1969), does not dissuade us from applying it in this situation.

1963Co., 232 NY 176 , 133 NE 437 , 19 ALR 1 (1921); Annotations: (attempting to save life) 19 ALR 4 , 158 ALR 199 ; (attempting to save property) 64 ALR 515 ; (attempting to save life and property) 166 ALR 752 ; (servant attempting to save property) 61 ALR 579 ; 2 Restatement, Torts § 444, § 290, comment k (1934); 2 Harper & James, Torts § 16.12, p. 940 (1956); Prosser, Torts § 49 (2d ed 1955) pp. 271-272; 32 Cornell L Q 605 (1947); 43 Mich L Rev 980 (1945); 11 Mo L Rev 317 (1946); 3 Okla L Rev 476 (1950); 25 Tex L Rev 688 (1947); 28 Wash U L Q 296 (1943).

1963Co., 232 NY 176 , 133 NE 437 , 19 ALR 1 (1921); Annotations: (attempting to save life) 19 ALR 4 , 158 ALR 199 ; (attempting to save property) 64 ALR 515 ; (attempting to save life and property) 166 ALR 752 ; (servant attempting to save property) 61 ALR 579 ; 2 Restatement, Torts § 444, § 290, comment k (1934); 2 Harper & James, Torts § 16.12, p. 940 (1956); Prosser, Torts § 49 (2d ed 1955) pp. 271-272; 32 Cornell L Q 605 (1947); 43 Mich L Rev 980 (1945); 11 Mo L Rev 317 (1946); 3 Okla L Rev 476 (1950); 25 Tex L Rev 688 (1947); 28 Wash U L Q 296 (1943).

1963Co. v. Walters, 217 Ill 87, 75 NE 441 (1905) (plaintiff lost his hand while frantically trying to manually open a defective coupling between two converging railroad cars; held, case properly submitted to the jury); Arko v. Shenango Furnace Co., 107 Minn 220, 119 NW 789 (1909) (plaintiff attempted to stop loaded ore car when brakes failed by thrusting pinch bar under the wheel; held, defendant employer liable as he should have anticipated a response of this sort). [16] For a discussion of the factors which the court may be called upon to consider see Green, Duties, Risks, Causation Doctrines, 4

1963Co. v. Walters, 217 Ill 87, 75 NE 441 (1905) (plaintiff lost his hand while frantically trying to manually open a defective coupling between two converging railroad cars; held, case properly submitted to the jury); Arko v. Shenango Furnace Co., 107 Minn 220, 119 NW 789 (1909) (plaintiff attempted to stop loaded ore car when brakes failed by thrusting pinch bar under the wheel; held, defendant employer liable as he should have anticipated a response of this sort). [16] For a discussion of the factors which the court may be called upon to consider see Green, Duties, Risks, Causation Doctrines, 4

1936A discussion of the doctrine of assumption of risk is not pertinent to the issues for, if the Employers’ Liability Act applies, assumption of risk is no defense: Freeman v. Wentworth & Irwin, supra; Peluck v. Pacific Machine & Blacksmith Co., 134 Or. 171 ( 293 P. 417 ); Poole v. Tilford, 99 Or. 585 ( 195 P. 1114 ).

1936A discussion of the doctrine of assumption of risk is not pertinent to the issues for, if the Employers’ Liability Act applies, assumption of risk is no defense: Freeman v. Wentworth & Irwin, supra; Peluck v. Pacific Machine & Blacksmith Co., 134 Or. 171 ( 293 P. 417 ); Poole v. Tilford, 99 Or. 585 ( 195 P. 1114 ).

1936A discussion of the doctrine of assumption of risk is not pertinent to the issues for, if the Employers’ Liability Act applies, assumption of risk is no defense: Freeman v. Wentworth & Irwin, supra; Peluck v. Pacific Machine & Blacksmith Co., 134 Or. 171 ( 293 P. 417 ); Poole v. Tilford, 99 Or. 585 ( 195 P. 1114 ).

1936A discussion of the doctrine of assumption of risk is not pertinent to the issues for, if the Employers’ Liability Act applies, assumption of risk is no defense: Freeman v. Wentworth & Irwin, supra; Peluck v. Pacific Machine & Blacksmith Co., 134 Or. 171 ( 293 P. 417 ); Poole v. Tilford, 99 Or. 585 ( 195 P. 1114 ).

1922Remembering that the contract called for “an abstract showing a merchantable title free from all encumbrances,” we find that the rule has been established many years in this state, as shown by the syllabus to Kane v. Rippey, 24 Or. 338 ( 33 Pac. 936 ), to the effect that: “A purchaser of land under a contract by which the vendor agrees to furnish an abstract ‘showing a good and clear title free from defects’ is entitled to recover back purchase money paid where the abstract furnished does not disclose a good title, although the title tested by the original record and conveyances and other fact

1922Remembering that the contract called for “an abstract showing a merchantable title free from all encumbrances,” we find that the rule has been established many years in this state, as shown by the syllabus to Kane v. Rippey, 24 Or. 338 ( 33 Pac. 936 ), to the effect that: “A purchaser of land under a contract by which the vendor agrees to furnish an abstract ‘showing a good and clear title free from defects’ is entitled to recover back purchase money paid where the abstract furnished does not disclose a good title, although the title tested by the original record and conveyances and other fact