529 Owsley v Oregon R and N Co Respondents

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529 Owsley v Oregon R and N Co Respondents

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title: Thornton W Owsley Appellant vs Oregon Railway and Navigation Company, Appellee, Statement of Appellee

title: 529

creator: Oregon Railway and Navigation Company

contributor: Rufus Mallory

contributor: Allen

contributor: Gose

contributor: D. J. Crowley

date: 1888-01

publisher: Washington State Supreme Court

type: Civil

subject: Real Property

subject: Remedies

language: eng

format: application/pdf

description: Prior History: Appeal from District Court, Garfield County.Costs – Right to Costs in Condemnation Proceedings – Defendant constructed its railroad on plaintiff’s land without any proceedings to acquire title. Plaintiff procured the appointment of householders, who appraised his damages at $1,425. Defendant elected to have the case tried, which was done, a verdict being returned for $1,000. On appeal, a new trial was ordered, on which a verdict for $1,000 was again rendered. Defendant then moved for judgment for costs and disbursements, amounting to $306. No offer to compensate plaintiff or to pay either of the awards was ever made. Code Wash. T., § 2475, provides that costs are to be taxed against the corporation only when the verdict and judgment are for a larger amount than the householders awarded, or the case has been tried at the instance of the corporation to reduce the award, and it is not reduced; otherwise costs shall be taxed against the land owner. On the particular facts of the case, held, that plaintiff was entitled to costs and disbursements, including $15 attorney’s fee.

relation: Owsley v. Oregon R. & N. Co., 1 Wash. 491 (1889)

relation: 20 P. 782

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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