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HIGHWAY COMMISSION v. ANDEREGG

241 Or. 31 (1965)

403 P.2d 717

STATE HIGHWAY COMMISSION v. ANDEREGG ET AL

Supreme Court of Oregon.

Reversed with instructions June 30, 1965.

Attorney(s) appearing for the Case

Robert A. Holland, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, and G.E. Rohde, Assistant Attorney General, Salem.

A.W. Gustafson, Gresham, argued the cause for respondents. With him on the brief were McAllister, Burns, Gustafson & Lock, Gresham.

Before PERRY, Presiding Justice, and O'CONNELL, DENECKE, HOLMAN and LUSK, Justices.

REVERSED WITH INSTRUCTIONS.

HOLMAN, J.

Plaintiff, State of Oregon through its Highway Commission, condemned defendants' land for highway purposes. Plaintiff, in its complaint, alleged the value of the property to be $10,844. The jury returned a verdict of $13,650. The defendant moved to set aside the verdict and for a new trial which motion the court granted, and plaintiff appealed.

1. One ground for the motion is that the trial judge instructed the...

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