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NW. ICE & COLD STOR. v. MULTNOMAH CO.

228 Or. 507 (1961)

365 P.2d 876

NORTHWESTERN ICE & COLD STORAGE COMPANY v. MULTNOMAH COUNTY

Supreme Court of Oregon.

Affirmed as modified October 25, 1961.

Attorney(s) appearing for the Case

Willis A. West, Chief Deputy of Civil Department, Portland, argued the cause for appellant. With him on the briefs was Charles E. Raymond, District Attorney, Portland.

Stewart M. Whipple, Portland, argued the cause for respondent. On the brief were Seitz, Easley & Whipple, Portland.

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

AFFIRMED AS MODIFIED.

PERRY, J.

This action was brought by the plaintiff as an abutting property owner to recover damages for injury caused by a change of grade on S.E. Morrison and S.E. Belmont streets, pursuant to ORS 373.040. The jury returned a verdict for the plaintiff and the defendant appeals.

The record discloses that plaintiff operates a refrigeration and cold storage plant in Block 45 of East Portland, which abuts on S.E. Belmont street,...

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