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ROGERS CONST. CO. v. HILL

235 Or. 352 (1963)

384 P.2d 219

ROGERS CONSTRUCTION CO. v. HILL, PUBLIC UTILITY COMMISSIONER

Supreme Court of Oregon.

Reversed July 31, 1963.

Petition for rehearing denied September 24, 1963.

Attorney(s) appearing for the Case

Donald W. McEwen, Portland, argued the cause for appellant. On the briefs were Cake, Jaureguy, Hardy, Buttler & McEwen and John R. Faust, Jr., Portland.

John F. Weisser, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, and Lloyd G. Hammel, Assistant Attorney General, Salem.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

REVERSED.

DENECKE, J.

Interpreting the Oregon Highway Use Tax is the problem. The plaintiff road builder contends that the movement of its mobile construction equipment from job to job over public highways is not subject to this tax. The Public Utility Commissioner and the trial court held to the contrary.

The equipment consists of earth-movers, end-dumps, tractors and other similar rubber-tired equipment used...

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