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CITY OF EUGENE v. WILEY ET UX

225 Or. 327 (1960)

358 P.2d 286

CITY OF EUGENE v. WILEY ET UX

Supreme Court of Oregon.

Reversed and remanded December 29, 1960.

Attorney(s) appearing for the Case

Herman P. Hendershott, Eugene, argued the cause for appellant. With him on the brief was Robert B. Carmichael, Springfield.

C. Robert Altman, Eugene, argued the cause for respondents Warren C. Wiley and Gene B. Wiley. With him on the brief was E.B. Sahlstrom, Eugene.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and HOWELL, Justices.

REVERSED AND REMANDED.

O'CONNELL, J.

This is a condemnation suit brought by the city of Eugene to acquire an easement for a sewer line across defendants property after defendants had refused the city's offer of $100 for the interest proposed to be taken. The jury awarded defendants $1,500 as compensation for the easement. Judgment was entered on the verdict, together with an award of interest and attorney's fees. Plaintiff appeals.

At the trial defendants...

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