Witham v. Osburn
Oregon Supreme Court
Appeal from Benton County. This was a suit to enjoin appellant from opening a private road across the land of respondent. The injunction was granted, and appellant brings his appeal. The other material facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Prim, J.:
It is provided by our statute that when any person’s land shall be so situated that it has no connection with any public road, he may make application to the County Court for the location of a private road leading from his premises to some convenient public road. When such application is made, the Court shall appoint three disinterested house*321holders to view out and locate such road according to the application; and also to assess and report the damages which may be sustained by the persons over whose lands such road may be located. After three days’ notice given to all…
2Cases cited4 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Sherman v. BuickCalifornia Supreme Court · 1867
3Cited by15 opinions
- In Re Opening a Private Road for the Benefit of O'ReillySupreme Court of Pennsylvania · 2010
- Smith v. CameronOregon Supreme Court · 1922
- Port of Umatilla v. RICHMONDOregon Supreme Court · 1958
- Saunders v. Titus County Fresh Water Supply District No. 1Court of Appeals of Texas · 1993
- Latah County v. PetersonIdaho Supreme Court · 1892
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