Legal Opinion

Warm Springs Irrigation Dist. v. Pacific Livestock Co.

Oregon Supreme Court

Decided May 28, 1918PublishedCited by 15 opinions

From Baker: Gustav Anderson, Judge. In Banc. Plaintiff commenced this proceeding in eminent domain against defendant, and alleged among other things that plaintiff tendered to defendant the sum of $25,000, for the lands desired to be taken for a dam and reservoir site and right of way and operation of an irrigation system, which defendant refused to accept.

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From Baker: Gustav Anderson, Judge. In Banc. Plaintiff commenced this proceeding in eminent domain against defendant, and alleged among other things that plaintiff tendered to defendant the sum of $25,000, for the lands desired to be taken for a dam and reservoir site and right of way and operation of an irrigation system, which defendant refused to accept. Defendant answered and set up that it had employed counsel to defend the action and asked judgment for the value of their services. Plaintiff moved the court to dismiss the proceedings, without prejudice. Defendant requested the court to…

1Opinion of the Court

BEAN, J. —

The question to be reviewed upon this appeal depends upon the construction to be given to Section 6868, L. O. L., as amended by the General Laws of Oregon, 1913, page 81. which is as follows:

“The costs and disbursements of the defendant, including a reasonable attorney’s fee to be fixed by the court at the‘trial, shall be taxed by the clerk and recovered from the corporation, but if it appear that such corporation tendered the defendant before commencing the action an amount equal to or greater than that assessed by the jury, in such case the corporation shall recover its costs and…

2Cases cited4 opinions

  1. State ex rel. Everding v. SimonOregon Supreme Court · 1891
  2. Oregon R. & Nav. Co. v. TaffeOregon Supreme Court · 1913
  3. Duncan v. DryerOregon Supreme Court · 1914
  4. Portland & O. C. Ry. Co. v. DoyleOregon Supreme Court · 1917

3Cited by15 opinions

  1. State v. HawkOregon Supreme Court · 1922
  2. Dean Vincent, Inc. v. Krishell Laboratories, Inc.Oregon Supreme Court · 1975
  3. State v. GanongOregon Supreme Court · 1919
  4. State v. GatesOregon Supreme Court · 1922
  5. Lovell v. PottsOregon Supreme Court · 1924

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