State Highway Commission v. Ralston

The highway commission appeals from a judgment in an action to condemn right of way for highway widening in connection with the overhead crossing at the junction of Slavin Road (Bertha-Beaverton Road) and Barbur Boulevard in Multnomah County.

Error is assigned to the giving of an instruction which permitted the jury to consider loss of access to the landowner’s property in the determination of damages. The landowner had no access to Barbur Boulevard before it was widened and none thereafter. He attempts to justify the giving of the challenged instruction by arguing that even though he had no…