PAC. NW. BELL TEL. CO. v. DeLONG CORP.


246 Or. 369 (1967)

425 P.2d 498

PACIFIC NORTHWEST BELL TELEPHONE COMPANY, Respondent, v. DeLONG CORPORATION, Appellant.

Supreme Court of Oregon.

Affirmed March 22, 1967.


Attorney(s) appearing for the Case

Edwin J. Peterson, Portland, argued the cause for appellant. With him on the briefs were Tooze, Powers, Kerr, Tooze & Peterson, Portland.

Howard M. Feuerstein, Portland, argued the cause for respondent. With him on the brief were Davies, Biggs, Strayer, Stoel & Boley, and Cleveland C. Cory and Robert L. Ridgley, Portland.

Before PERRY, Chief Justice, and SLOAN, O'CONNELL, GOODWIN, DENECKE, LUSK and FORT, Justices.


AFFIRMED.

SLOAN, J.

While defendant DeLong was building the bridge across the Columbia river at Astoria its employees cut plaintiff's telephone cable that ran under the Columbia from Point Ellice, in Washington, to Astoria. In this action for the resulting damage, the jury returned a verdict for defendant. Later, the court entered a judgment n.o.v. for plaintiff. Defendant appeals.

In its complaint plaintiff had alleged, in separate counts, a claim...

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