CALIFORNIA-PACIFIC UTILITIES COMPANY v. BARRY


460 P.2d 847 (1969)

CALIFORNIA-PACIFIC UTILITIES COMPANY, a Corporation, Respondent, v. Homer W. BARRY and Christina Barry, His Wife, Appellants, and James Merle Tracy, a Single Man, Defendant.

Supreme Court of Oregon, In Banc.

Decided November 5, 1969.


Attorney(s) appearing for the Case

Harold Banta, Baker, argued the cause for appellants. On the briefs were Banta, Silven & Young, Baker.

A.S. Grant, Baker, argued the cause and filed a brief for respondent.


Argued and Submitted at Pendleton May 5, 1969.

PERRY, Chief Justice.

The plaintiff brought this action to condemn a perpetual easement of a right of way for a power transmission line across the property of the defendants, together with the right of ingress and egress over existing and contemplated roads for the purpose of maintenance of the line.

The plaintiff entered into possession of the property sought to be condemned and all construction had been...

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