Legal Opinion

Portland v. Schmid

Oregon Supreme Court

Decided December 19, 1916PublishedCited by 7 opinions

From Multnomah: Calvin H. Gantenbein, Judge. This is a condemnation proceeding by the City of Portland against Charles Schmid and others. From a judgment in favor of defendants plaintiff appeals. Respondents move to dismiss appeal. Motion allowed and appeal dismissed. Department 1.

1Opinion of the CourtJustice Benson

1. This was a proceeding by the City of Portland to condemn a portion of lot 1 in block 315 for the purpose of widening Washington Street. Upon a trial the jury returned a verdict in favor of the defendants fixing the amount of damages to be recovered in excess of benefits to be derived from the improvement. A judgment was subsequently entered thereon, from which the plaintiff perfected its appeal. Thereafter the city authorities took possession of the premises, ■erected a sidewalk thereon, and opened the same to the public for its use. About a month later, at the request of the city…

2Cases cited8 opinions

  1. Savage v. SavageOregon Supreme Court · 1908
  2. Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
  3. Moore v. FloydOregon Supreme Court · 1872
  4. Moores v. MooresOregon Supreme Court · 1899
  5. Roots v. Boring Junction Lumber Co.Oregon Supreme Court · 1907

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3Cited by7 opinions

  1. Hofer v. HoferOregon Supreme Court · 1966
  2. Mt. Shasta Power Corp. v. DennisCalifornia Court of Appeal · 1924
  3. Graves v. State Industrial Accident CommissionOregon Supreme Court · 1924
  4. Bell Rose Sanitarium, Inc. v. MetzOregon Supreme Court · 1967
  5. Sherman v. ShermanOregon Supreme Court · 1918

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