Beekman v. Jackson County
Oregon Supreme Court
Appeal from a judgment of the circuit court for the county of Jackson, entered upon the verdict of a jury, on a claim for damages in a proceeding to lay out a county road. It appears that an application was made to the count3?’ court for said county of Jackson, to lay out a county road, between certain points in said county, which, for a considerable distance, ran across the lands of the appellant. That the latter filed a complaint for damages for ibe opening of the road.
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Appeal from a judgment of the circuit court for the county of Jackson, entered upon the verdict of a jury, on a claim for damages in a proceeding to lay out a county road. It appears that an application was made to the count3?’ court for said county of Jackson, to lay out a county road, between certain points in said county, which, for a considerable distance, ran across the lands of the appellant. That the latter filed a complaint for damages for ibe opening of the road. That said court thereupon appointed viewers to view the route and assess, in favor of the appellant, any damages to which…
1Opinion of the CourtThayer, C. J.
The appellant’s counsel complains in regard to the action of the county court in setting aside the report of the first viewers, and appointing others in their place. I think, however, that there were more grounds for complaint against that court in its acting upon the view and report of the second viewers, as it appears that only two of them met and exercised the authority conferred upon the three. The statute specifically points out how such, an authority shall be exercised in such cases. Section 518, Civil Code, provides that: “Whenever any authority is conferred on three or more persons,…
2Cases cited5 opinions
- Wyandotte, Kansas City & Northwestern Railway Co. v. WaldoSupreme Court of Missouri · 1879
- Comm'rs of Pottawatomie County v. O'SullivanSupreme Court of Kansas · 1876
- Parks v. County of HampdenMassachusetts Supreme Judicial Court · 1876
- Whitely v. Mississippi Water Power & Boom Co.Supreme Court of Minnesota · 1888
- Upham v. City of WorcesterMassachusetts Supreme Judicial Court · 1873
3Cited by10 opinions
- State Highway Commission v. BaileyOregon Supreme Court · 1957
- Hempstead v. Salt Lake CityUtah Supreme Court · 1907
- Pape v. Linn CountyOregon Supreme Court · 1930
- Schmid v. City of PortlandOregon Supreme Court · 1917
- Re Petition of ReederOregon Supreme Court · 1924
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