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STATE HIGHWAY COM. v. RALSTON

226 Or. 143 (1961)

359 P.2d 529

STATE HIGHWAY COMMISSION v. RALSTON ET UX

Supreme Court of Oregon.

Reversed and remanded February 15, 1961.

Attorney(s) appearing for the Case

J. Robert Patterson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, L.I. Lindas, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission, and Charles Peterson, Assistant Attorney General, Salem.

William C. Ralston, Portland, argued the cause for respondents. With him on the brief was William C. Poole, Portland.

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

REVERSED AND REMANDED.

PER CURIAM.

The highway commission appeals from a judgment in an action to condemn right of way for highway widening in connection with the overhead crossing at the junction of Slavin Road (Bertha-Beaverton Road) and Barbur Boulevard in Multnomah County.

1. Error is assigned to the giving of an instruction which permitted the jury to consider loss of access to the landowner's property in the determination of damages. The landowner...

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