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HIGHWAY COMMISSION v. DUMAS

238 Or. 449 (1964)

395 P.2d 424

STATE HIGHWAY COMMISSION v. DUMAS ET AL

Supreme Court of Oregon.

Affirmed September 23, 1964.

Attorney(s) appearing for the Case

Ted E. Barbera, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, and L.I. Lindas, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission.

Francis E. Marsh, McMinnville, argued the cause for respondents. With him on the brief was Francis E. Sturgis, Hillsboro.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

This is a proceeding in eminent domain commenced by the State Highway Commission to condemn land of the defendants for highway purposes. Plaintiff alleged in its complaint that the value of the property taken and damage to the remainder was $10,700. Defendants claimed $30,000. The verdict of the jury fixed the amount of defendants' recovery at $19,000. Plaintiff has appealed. We take from the plaintiff's brief the following description of...

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