Legal Opinion

Truckee River General Electric Co. v. Durham

Nevada Supreme Court

Decided April 15, 1915No. Nos. 2047 and 2063PublishedCited by 11 opinions

Appeal from Second Judicial District Court, Washoe County; John S. Orr, Judge. Condemnation proceedings by the Truckee River General Electric Company against F. E. Durham. From a judgment assessing defendant’s damages in the sum of $600, plaintiff appeals. The proceeding should have been continued under the act of 1907, p. 279, under which it was commenced, without a jury.

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Appeal from Second Judicial District Court, Washoe County; John S. Orr, Judge. Condemnation proceedings by the Truckee River General Electric Company against F. E. Durham. From a judgment assessing defendant’s damages in the sum of $600, plaintiff appeals. The proceeding should have been continued under the act of 1907, p. 279, under which it was commenced, without a jury. (Shelan County v. Navarre, 80 Pac. 845; Lewis on Eminent Domain, 2d ed. vol. 1, 26, 27.) Even if the further proceedings should have been under Rev. Laws, 1912, defendant waived his right to have a jury ascertain and assess…

1Opinion of the Court

By the Court,

Coleman, J.:

[1] This is a special proceeding, instituted in April, 1911, by the appellant, to condemn a right of way across respondent’s ranch for a power line, pursuant to "An act to regulate the exercise of the right of eminent domain, ” being chapter 128, p. 279, Stats. 1907. As provided by the act mentioned, both the complaint and answer contain the names of commissioners proposed to be appointed to assess compensation and damages. After the pleadings were settled, and before trial, the eminent domain act as embodied in chapter 66 of the Revised Laws of 1912 went into effect.

*316T…

2Cases cited12 opinions

  1. San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
  2. Lake v. BenderNevada Supreme Court · 1884
  3. City of Santa Ana v. HarlinCalifornia Supreme Court · 1893
  4. St. Louis & Cairo Railroad v. Postal Telegraph Co.Illinois Supreme Court · 1898
  5. Young Men's Christian Ass'n of Santa Cruz v. ChapmanCalifornia Supreme Court · 1912

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3Cited by11 opinions

  1. Madera v. State Industrial Insurance SystemNevada Supreme Court · 1998
  2. Harrison v. HansonCalifornia Court of Appeal · 1958
  3. Utah Copper Co. v. Stephen Hayes Estate, Inc.Utah Supreme Court · 1934
  4. Water Co. v. Belmont Dev. Co.Nevada Supreme Court · 1926
  5. State v. NelsonSupreme Court of Kansas · 1928

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