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RAY v. DAVIS

458 P.2d 679 (1969)

In the matter of Substituting Statutory Way of Necessity, Janice Fehlberg RAY and Richard Ray, Respondents, v. Elmer DAVIS, Appellant, and Hazel Johnson, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 10, 1969.

Attorney(s) appearing for the Case

Gene B. Conklin, Pendleton, argued the cause for appellant. With him on the briefs was R.P. Smith, Pendleton.

Wm. A. Galbreath, Milton-Freewater, and George H. Corey, Pendleton, argued the cause for respondents Ray. On the brief were Corey, Byler & Rew, Pendleton, and Wm. A. Galbreath, Milton-Freewater.

J.T. Monahan, Milton-Freewater, argued the cause for respondent Johnson. On the brief were Monahan & Grove, Milton-Freewater.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

Argued and Submitted at Pendleton May 6, 1969.

O'CONNELL, Justice.

This proceeding was initiated by plaintiffs to obtain a statutory way of necessity under ORS 376.105 et seq. The case was tried to the court without a jury. Defendant Davis appeals from a judgment granting a way of necessity over his land.1

In the trials before the County Court and the Circuit Court various methods of establishing ingress and egress from...

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