Kemp v. Polk County
Oregon Supreme Court
From Polk: Reuben P. Boise, Judge. Statement by Mu. Justice Bean. This proceeding was instituted by Mary Kemp against Jos. W. Brown and Polk County, in the county court of said county, under Section 20 of the road laws of 1903 (Laws 1903, pp. 262, 269), for the location of a public road or gateway from the residence of the petitioner through and across the land of the defendant to a public highway.
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From Polk: Reuben P. Boise, Judge. Statement by Mu. Justice Bean. This proceeding was instituted by Mary Kemp against Jos. W. Brown and Polk County, in the county court of said county, under Section 20 of the road laws of 1903 (Laws 1903, pp. 262, 269), for the location of a public road or gateway from the residence of the petitioner through and across the land of the defendant to a public highway. TJpon the filing of the petition the county court ordered the board of county road viewers to meet at a specified time, and view out such road or gateway, and assess the damages which defendant…
1Opinion of the CourtJustice Bean
1. The principal question on this appeal is whether a county court can refuse, to confirm the report of viewers appointed to assess damages to a landowner in the matter of the location of a road of public easement on the ground that, in its opinion, the damages assessed'are inadequate, when that fact does not appear from the face of the report, but must be shown by evidence aliunde. This same question was presented and decided in Fanning v. Gilliland, 37 Or. 369 (61 Pac. 636, 62 Pac. 209, 82 Am. St. Rep. 758), and that decision is controlling here. That, like this, was a proceeding for the…
2Cases cited2 opinions
- Towns v. Klamath CountyOregon Supreme Court · 1898
- Fanning v. GillilandOregon Supreme Court · 1900
3Cited by3 opinions
- Holland-Washington Mortgage Co. v. BartonOregon Supreme Court · 1924
- Ray v. DavisOregon Supreme Court · 1968
- Shannon v. Malheur County CourtOregon Supreme Court · 1906