Rockhill v. Benson
Oregon Supreme Court
From Douglas: George F. Skipworth, Judge. In Banc. Plaintiff, a taxpayer in Douglas County, brings this suit against the state highway commission, H. J. Hildebum, a contractor, and other nominal defendants, to enjoin the location of the Pacific Highway as the commission is attempting to construct the same from Myrtle Creek, in said Douglas County, south toward Canyonville.
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From Douglas: George F. Skipworth, Judge. In Banc. Plaintiff, a taxpayer in Douglas County, brings this suit against the state highway commission, H. J. Hildebum, a contractor, and other nominal defendants, to enjoin the location of the Pacific Highway as the commission is attempting to construct the same from Myrtle Creek, in said Douglas County, south toward Canyonville. It seems that, prior to the creation of the highway commission, there were two public roads leading from Myrtle Creek to Canyon-ville, both of which had been in existence as public highways for some considerable length of…
1Opinion of the CourtBennett, J.
The main contention on the part of the plaintiff and respondent, and the one upon which the court below rested its decision in plaintiff’s favor, is that the highway commission has no authority to create or lay out a new road;' but that that authority is vested exclusively in the County Courts; and the highway commission can only designate or adopt roads which are already county roads and public highways, as a part of the state system of roads.
In its conclusion that the highway commission had no power to designate or lay out a road for a state highway, where there was no public road before,…
2Cases cited2 opinions
- Allen v. HirschOregon Supreme Court · 1880
- Sears v. SteelOregon Supreme Court · 1910
3Cited by10 opinions
- Jory v. MartinOregon Supreme Court · 1936
- Trahan v. State Highway CommissionMississippi Supreme Court · 1933
- Latourette v. County Court of Clackamas CountyOregon Supreme Court · 1929
- Zilesch v. Polk CountyOregon Supreme Court · 1923
- Moody v. BensonOregon Supreme Court · 1923
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