HIGHWAY COMMISSION v. WALKER ET UX


232 Or. 478 (1962)

376 P.2d 96

STATE HIGHWAY COMMISSION v. WALKER ET UX

Supreme Court of Oregon.

Reversed and remanded November 14, 1962.


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, and L.I. Lindas, Assistant Attorney General, Salem.

Frederick H. Starkweather, Jr., Gold Beach, argued the cause and filed the brief for respondents.

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


REVERSED AND REMANDED.

ROSSMAN, J.

This is an appeal by the plaintiff, State of Oregon, acting through the medium of its state Highway Commission, from a judgment which the circuit court entered in favor of the defendants, husband and wife, in an eminent domain proceeding.

The state presents only one assignment of error; it reads:

"The trial court erred in overruling the plaintiff's attempt to exercise...

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