The Douglas independent. [volume] (Roseburg, Or.) 187?-1885, 1879-07-19
OPINION OF JUDGE WATSON.

| In the Circuit Court at the State OF Oregon.
in and for the County of Douglas The
GAnyonviile nna Galesville Road Co,n-
pany ys. b. w Stephenson ct al; appeal
from County Court.
i This action was commenced In the County
Court of D0nglas county. and ht the trial in
that court plaintiff recovered q Judgment
/ against the defeadants for one hundred doll
| lars and ats. From that Judgment defend
| anita appealed to this court. At the October
term. 1878. of this court. Defendants applied
TO the court TO change the place of trial mon
the ground that the judge had formerly
been u counsel in the contrpversy out of
wniuh this aufion arose. The application
Was granted and the place Of trial changed
| TO Marion county. Defendants failed to
fle the Transcript in Marion
county within the time prescribed
by law, and motion having been filed
by plaintiff TO vacate the order. confessed the
| motion, which was allowed. &t&shs regular
May term. 1870, Of this court the uss
owning On to b. tried, both parties in open
! court waived trial by jury and consented
that the issues should DC tried by the court.
The court having heard the eviience con-
tinued the cause until June 20ill, for arxu-
uient, ami having ON that day heard the ar
gan,ent took the cause under advisernent.
The complaint alleges substantially that
at the time therein charged, plaintiff was the
owner and in the eni,v,nent ~ = ,.,l -
aud tr.r.b,s., 81 ,.ii..c, t.,,s -. -" .s"u
ming through what is known as the csnyon
in the southern pait of Douglas county;
that portion thereof was public road, and
that plaintiff had an agreement with the
90 !, :, ,,.,,,,.;,, Eli - - -
,,,i. 81 ,-.yai -, LA g, soA'oos
7, t,,.th.. u....s Il. :. s..a.s
s.,tt.. - -. ..s..,,.. "...s wiouk
- - - - .:.':.. .poa 'a,u ioie
80 -. - s soi saee
a. III, 50 ..'.'I "1N .eoe''o. sneueat
.',o:'...s ..o s.'.s ~. - ou san foau- ihae
p,a.a'A vas ,, ."o'eoy p'ese.i'eu anu n'huer-
- ..o. go :. l's toils NJ iss
s'a as .me nunafea ooiiars.
nlaass - .',el, :, answer aehy spscin-
"a ea.ty sash naa AieSat,on ~ the conf
p.asns' anu "a au.i's = ~ 'ness uehiais JUS
my oy aiieg.nS lhat NJ tne Time OF the al
ieseu "fonsiul lh'er'efehre, the Dohsias
.oun'y hoal company was the owner OF
the toll ruad IN dispute and had valid |
agreement with the county Court allowing |
u 10 colieo' the tolls Tor travel fhereon That
=. tne time charged IN the complaint, W.
q. stephenson was tne toll gate keeper aud
tne otner deiendsnts We're the directors and
,..,,,, s..s .h..t III re 80. - g. o"
a.,.... 80 .,.5 a.,.,,,..sr =, 49,.
,mny = = 'N o'
pia;nt;ff s,r ia ,.n,,, sf,a. aa.;..,,.t ~.
W 10 aieol uou, ,hS @n ~
H.. aa.',',,. s..,.r. - - ia'.a',. 's tna ,
Ia x, s,.s.....s.. ,.s .a1
r,..'-I,.ss. -, - G..y ' - ~ "As1 'ne
E's....,,s.,.. -
-, - :. -: $3.50 d"e'ssy1 n
'nar.. ,bsa ,a..,. a, - rsars h's'.. sIan ~
-: -. oe.oie sne iheosp po-
~. .aol !. :, -. ~, - ,;.it oo1poraaions'
...,, t'a ~. ans .sa. ~ ms ~. oase'
:, s.,..,.ar;.l,, H. - sniosn ne oahyIn
,...d - d,s,,a,.. sl IN e ,,, uso'oh ,'sss me
I'D ,b.n'.,ld =, III. ,ha "a = 49,
- - -. e., e., 81 - -,
var,,s :. -, ~. "a ,i'a ~
H., ,s,r, - T.. go ~. d;...,.d -
,'a -
I;n,,..a So s,,i,s,.,i,;s,l., .aa az. 80 az
,x,..,, ,h ~. r,,.a 80. - aas'
- "a = 'gt,,s'-;.. - iT.:.s So.
,...re ,,ras.u,.a ta shs s,,s'.,n.. ..art ,f hi.
stats IN the case Of the Ia,a.Ias /. 'oun,v
Road Company Va Willis 8 Ahr.b.m -.
nu-t.sl n s ur.yon 5ls-ana ~. n ,;or;ty