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UNION PACIFIC R.R. CO. v. HILL

220 Or. 591 (1960)

349 P.2d 1090

UNION PACIFIC RAILROAD COMPANY v. HILL, PUBLIC UTILITY COMMISSIONER

Supreme Court of Oregon.

Reversed March 9, 1960.

Attorney(s) appearing for the Case

Peter S. Herman, Assistant Attorney General, Salem, argued the cause for appellant. On the briefs were Robert Y. Thornton, Attorney General, John R. McCullough and Robert R. Hollis, Assistant Attorneys General, all of Salem.

Howard Roos, Portland, argued the cause for the respondent. With him on the brief was Roy F. Shields, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, LUSK, WARNER, SLOAN, O'CONNELL and MILLARD, Justices.

REVERSED.

SLOAN, J.

Section 763.170, ORS, permits the officials of a city or a county or five or more freeholders and taxpayers to petition the Public Utility Commissioner to order a railroad to provide certain safety precautions at grade crossings. Pursuant to this statute, Multnomah county filed a petition with the commissioner on November 10, 1955, which requested that the commissioner require the defendant Union Pacific Railroad Company to install electric...

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