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HIGHWAY COMMISSION v. BEACH

244 Or. 162 (1966)

416 P.2d 316

STATE HIGHWAY COMMISSION v. BEACH ET AL

Supreme Court of Oregon.

Affirmed June 29, 1966.

Attorney(s) appearing for the Case

James W. Walton, Corvallis, argued the cause for appellants. On the brief were Ringo, Walton & McClain, Corvallis.

J. Robert Patterson, Assistant Attorney General, Salem, argued the cause for respondents. With him on the brief were Robert Y. Thornton, Attorney General for Oregon, and G.E. Rohde and Glen V. Sorensen, Assistant Attorneys General, Salem.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, DENECKE and HOLMAN, Justices.

AFFIRMED.

HOLMAN, J.

This action was brought by the state through its Highway Department to condemn part of defendants' property for highway purposes. The only issue at the trial was defendants' damages. Defendants were dissatisfied with the jury's award, and appealed.

All claims of error by defendants relate to instructions given or refused. The first claim of error relates to the court's failure to give the following requested instruction relative...

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