NORTHERN STATES POWER COMPANY v. EFFERTZ

Nos. 7733-7739.

94 N.W.2d 288 (1958)

NORTHERN STATES POWER COMPANY, a corporation, Plaintiff and Appellant, v. Jerome EFFERTZ, Bessie M. Effertz and E. C. Wralstad, Defendants and Respondents, Defendants and Appellants. NORTHERN STATES POWER COMPANY, a corporation, Plaintiff and Appellant, Plaintiff and Respondent, v. Thomas R. DOYLE, also known as T. R. Doyle and Hubert Doyle, Defendants and Respondents, Defendants and Appellants. NORTHERN STATES POWER COMPANY, a corporation, Plaintiff and Appellant, Plaintiff and Respondent, v. Theodore R. HARNESS and Sophie Harness, H. L. Hunt, Eugene Golly, Administrator of the estate of Geo. Sigman, deceased, Anna M. Miller, Defendants and Respondents, Defendants and Appellants. NORTHERN STATES POWER COMPANY, a corporation, Plaintiff and Appellant, Plaintiff and Respondent, v. Ole HARNESS, Borghild Harness, and Sohio Petroleum Company, Defendants and Respondents, Defendants and Appellants. NORTHERN STATES POWER COMPANY, a corporation, Plaintiff and Appellant, Plaintiff and Respondent, v. Oscar N. JOHNSON, Marcella Johnson, Aurelia King, British-American Oil Producing Co., Huston Huffman, J. P. Wemple, North Central Oil Corporation, D. W. King and Amelia King, Defendants and Respondents, Defendants and Appellants. NORTHERN STATES POWER COMPANY, a corporation, Plaintiff and Appellant, Plaintiff and Respondent, v. Kermit WHITTED and Ruby Whitted, Defendants and Respondents, Defendants and Appellants. NORTHERN STATES POWER COMPANY, a corporation, Plaintiff and Appellant, v. Lyle WHITTED and Marion Whitted, Defendants and Respondents, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied January 28, 1959.


Attorney(s) appearing for the Case

Palda, Palda & Peterson, Minot, for plaintiff and appellant and plaintiff and respondent.

Ilvedson, Pringle, Herigstad & Meschke, Minot, and Victor V. Stiehm, Towner, for defendants and respondents and defendants and appellants.


BURKE, Judge.

These appeals are from judgments entered in seven condemnation cases brought by the plaintiff pursuant to Chapter 32-15, NDRC 1943, to condemn a right of way for an electric power transmission line over and across lands owned by defendants. By agreement of the parties all of the actions were consolidated for trial and the issues of necessity and of damages were tried separately. Upon the trial of the issue...

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