Poitevin v. Randall

This action was instituted April 11, 1935, for condemnation of five rights-of-way over appellants' lands, for the purposes of carrying water claimed by respondents. Appellants answered, denying the necessity for the taking of the lands sought to be condemned. The Oregon Short Line Railroad Company, as defendant, filed an answer, praying for dismissal of the action and recovery of costs. It was only a nominal defendant and has not further appeared in the case.

October 18, 1935, judgment of necessity, for condemnation of the easements described in the complaint, was entered. No appeal was taken…