Trotter v. Town of Stayton
Oregon Supreme Court
From Marion : George H. Burnett, Judge. This is an action by G. D. Trotter against the Town of Stayton to recover possession of a strip of land twelve inches wide off the north end, and a strip six and one half inches wide off the east side, of the north half of lots 5 and 6, in block 5, in the Town of Stayton, and damages for withholding the same.
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From Marion : George H. Burnett, Judge. This is an action by G. D. Trotter against the Town of Stayton to recover possession of a strip of land twelve inches wide off the north end, and a strip six and one half inches wide off the east side, of the north half of lots 5 and 6, in block 5, in the Town of Stayton, and damages for withholding the same. In 1900 the defendant corporation caused the street lines of the town to be surveyed by Mr. Gobalet; the survey showing the property in controversy to be in the streets. In making the survey, however, Gobalet did not follow the original field…
1Opinion of the CourtJustice Bean
1. The motion to strike out paragraph four of the complaint was properly overruled. The right to recover damages for withholding the possession of real property, given by Section 326, B. & 0. Comp.,* is equivalent to the common-law action for trespass for mesne profits, and “includes all damages to which the owner is entitled on account of the wrongful occupation of the property” : *305Wythe v. Myers, 3 Sawy. 595 (Fed. Cas. No. 18119). Ordinarily, the measure of damages is the fair value of the use of the premises during the occupancy of the defendant-; but the plaintiff is not confined alone to…
2Cases cited5 opinions
- Gentry v. Pacific Livestock Co.Oregon Supreme Court · 1904
- Herreshoff v. TrippSupreme Court of Rhode Island · 1885
- In re Assignment of BankOregon Supreme Court · 1897
- Schneider v. HaasOregon Supreme Court · 1887
- Wythe v. MyersU.S. Circuit Court for the District of Oregon · 1876
3Cited by10 opinions
- Yuen Suey v. FleshmanOregon Supreme Court · 1913
- State v. EdeOregon Supreme Court · 1941
- Noble v. Beeman-Spaulding-Woodward Co.Oregon Supreme Court · 1913
- Capital Garage Co. v. PowellSupreme Court of Vermont · 1925
- State v. BishopCourt of Appeals of Oregon · 1972
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