Portland & O. C. Ry. Co. v. McGrath
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Department 2. Tliis is an action brought in 1916 for the condemnation of a right of way over the land of defendants. Issues were joined and a trial had on October 25th of that year.
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From Multnomah: John P. Kavanaugh, Judge. Department 2. Tliis is an action brought in 1916 for the condemnation of a right of way over the land of defendants. Issues were joined and a trial had on October 25th of that year. A verdict was returned finding that it was necessary for the plaintiff to acquire the land for railroad purposes and assessing defendants’ damages at $958.33. Formal order on the verdict was entered November 14, 1916. After the action was brought plaintiff, by virtue of some understanding that there would be no trouble, entered upon and appropriated the right of way and…
1Opinion of the CourtBean, J.
1, 2. The statute provides that upon payment into court of the damages assessed by the jury, *348the court shall give judgment appropriating the lands, property, rights, easements, crossing, or connection in question, as the case may be, to the corporation: Section 6866, L. O. L. In a proceeding of this kind, after a verdict assessing the damages has been obtained, it is . for the plaintiff to elect whether it will pay for and take the property for a right of way: Oregonian Ry. Co. v. Mill, 9 Or. 377. The proper judgment was entered on the verdict after the trial, as prescribed in the opinion in…
2Cases cited9 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- Oregon R. & Nav. Co. v. TaffeOregon Supreme Court · 1913
- Wilcox v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1886
- Wood v. Trustees of State Hospital for the InsaneSupreme Court of Pennsylvania · 1894
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3Cited by4 opinions
- City of Salem v. Marion CountyOregon Supreme Court · 1943
- Port of Newport v. HaydonCourt of Appeals of Oregon · 1972
- Port of Newport v. HaydonCourt of Appeals of Oregon · 1972
- Rosetto v. MillerOregon Supreme Court · 1927