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STATE HIGHWAY COM. v. SAUERS

199 Or. 417 (1953)

262 P.2d 678

STATE HIGHWAY COMMISSION v. SAUERS ET UX.

Supreme Court of Oregon.

Affirmed November 4, 1953.

Attorney(s) appearing for the Case

Ralph Wyckoff, of Salem, argued the cause for appellant. With him on the brief were George Neuner, Attorney General, of Salem, C.W. Enfield, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission, of Salem, Fred A. Miller, Assistant Attorney General, of Salem, and Frank C. McKinney, of Salem.

George A. Rhoten, of Salem, argued the cause for respondents. On the brief were Rhoten, Rhoten and Speerstra.

Before LATOURETTE, Chief Justice, and WARNER, TOOZE and PERRY, Justices.

AFFIRMED.

PERRY, J.

This is a proceeding brought by the state of Oregon through its State Highway Commission to condemn property of the defendants for highway purposes.

The plaintiff complains of error in the trial court, first, because the trial court erred in failing to give the following instruction:

"You have been permitted to view the land sought to be acquired in this action, and I instruct you...

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