OTTER TAIL POWER COMPANY v. MALME

No. 7766.

92 N.W.2d 514 (1958)

OTTER TAIL POWER COMPANY, a corporation, Plaintiff and Respondent, v. Ole MALME and Josephine Malme, his wife, Jubert Malme; Harry Stern, a single man, Joseph B. Stern and Della Stern, his wife, Dale Slotten, Walter Williams and Clarys Williams, his wife, Philander A. Hodgson and Elaine O. Hodgson, his wife, Valeria Nunns, a widow, Harold Keim; Alfred V. Althoff and Ada Althoff, his wife; Julius Smith and Minnie Smith, his wife, Irvin Smith; Llewellyn Wm. Kube and Allene D. Kube, his wife, F. B. Downing; August Wefel and Mathilda Wefel, his wife; Melvin Wefel and Iona Wefel, his wife, Orville Wefel; H. H. Pfister and Rita Pfister, his wife, Jack H. Pfister and Jean Pfister, his wife, Elmer Affield, Eugene Staber, The Federal Land Bank of Saint Paul, a corporation, The Equitable Life Assurance Society of the United States, a corporation, H. W. Snowden and George F. Reeder, Defendants, and Ole Malme and Josephine Malme, his wife, Jubert Malme; Harry Stern, a single man, Joseph B. Stern and Della Stern, his wife, Dale Slotten; Walter Williams and Clarys Williams, his wife; Philander A. Hodgson and Elaine O. Hodgson, his wife; Alfred V. Althoff and Ada Althoff, his wife; Julius Smith and Minnie Smith, his wife, Irvin Smith; Llewellyn Wm. Kube and Allene D. Kube, his wife; August Wefel and Mathilda Wefel, his wife, Melvin Wefel and Iona Wefel, his wife, Orville Wefel; H. H. Pfister and Rita Pfister, his wife, Jack H. Pfister and Jean Pfister, his wife, Elmer Affield, Eugene Staber, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied October 31, 1958.


Attorney(s) appearing for the Case

Robert L. Eckert and Johnson & Milloy, Wahpeton, for appellants.

Bayard Lewis, Wahpeton, and Field, Arvesen & Donoho, Fergus Falls, Minn., for respondent.


JOHNSON, Judge.

This is an action in eminent domain brought by the plaintiff under Chapter 32-15 NDRC 1943, in which it seeks perpetual easements for the construction of a power transmission line, extending from north of Wahpeton, North Dakota, to near Hankinson, North Dakota. The action covers 9 separate parcels of land owned by the defendants: Parcel No. 1, Ole Malme and Josephine Malme, his wife, with Jubert Malme in possession of the property; Parcel No. 2, Harry...

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