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STATE HIGHWAY COMMISSION v. HURSH

245 Or. 378 (1966)

422 P.2d 266

STATE HIGHWAY COMMISSION v. HURSH ET UX

Supreme Court of Oregon.

Affirmed December 30, 1966.

Attorney(s) appearing for the Case

Robert H. Anderson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, Salem; G.E. Rohde, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission, Salem, and J. Robert Patterson, Assistant Attorney General, Salem.

Harold Banta, Baker, argued the cause for respondents. On the brief were Banta, Silven & Young, Baker.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

O'CONNELL, J.

This is a condemnation action brought by the State Highway Commission. The issue of compensation for the taking was determined by the jury. The jury's award was greater than the amount tendered defendants before the commencement of the action. As a consequence, defendants were entitled to an attorney's fee. The trial judge, after a hearing, fixed the amount of the attorney's fee. Plaintiff contends...

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