Oregon Railway & Navigation Co. v. Owsley
Washington Territory
Error to the District Court holding terms at Pomeroy. Eirst District. In addition to the material facts appearing in the opinion of the court, there were certain instructions .given to the jury, and others refused, by the District Court, and the defendant excepted to the rulings of the ■court on said instructions.
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Error to the District Court holding terms at Pomeroy. Eirst District. In addition to the material facts appearing in the opinion of the court, there were certain instructions .given to the jury, and others refused, by the District Court, and the defendant excepted to the rulings of the ■court on said instructions. These were as follows: — 1. The court of its own motion gave to the jury the following instructions, to the giving of each of which defendant excepted: — “The attitude of this case is this, that the plaintiff can recover nothing, or else he can recover full compensation; •these two…
1Opinion of the CourtChief Justice Greene
A proceeding was instituted under the Code by appellant, the railway company, for the appropriation and condemnation of a strip of land one hundred feet in width across the premises of appellee, upon which to construct and operate its railway. In the proceeding an award of damages was had, to which objections were filed pursuant to statute. Thereupon, as provided by statute, the cause was placed on the trial docket of the District Court, and issues were formed between the appellee as plaintiff, and appellant as defendant, by the filing of the ordinary pleadings in a civil action.
In the…
2Cited by12 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Spokane Valley Land & Water Co. v. Arthur D. Jones & Co.Washington Supreme Court · 1909
- City of Seattle v. FaussettWashington Supreme Court · 1923
- Oregon-Washington R. & N. Co. v. Spokane P. & S. Ry. Co.Oregon Supreme Court · 1917
- State ex rel. Kent Lumber Co. v. Superior CourtWashington Supreme Court · 1907
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