HWY. COMM. v. N.W. ICE & COLD STORAGE CO.


233 Or. 497 (1963)

378 P.2d 995

STATE HIGHWAY COMMISSION v. NORTHWESTERN ICE AND COLD STORAGE COMPANY

Supreme Court of Oregon.

Affirmed February 27, 1963.


Attorney(s) appearing for the Case

Stewart M. Whipple, Portland, argued the cause for appellant. With him on the brief were Seitz, Easley & Whipple, Portland.

J. Robert Patterson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, and L.I. Lindas, Assistant Attorney General, Salem.

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


AFFIRMED.

SLOAN, J.

Defendant appeals from a verdict and judgment in a condemnation action which was favorable to plaintiff. The taking from defendant was a small part of its total property. The issues presented to the trial court and which form the questions on appeal relate to the damage to the remainder of plaintiff's property.

There are five assignments of error. The first relates to a requested instruction not given. The request did not accurately...

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