Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-04
OREGON
ELECTRIC
LITIGATION
ANSWER FILED BY CARSON &
BROWN, COUNSEL DOUGLAS
MINTO - RIGHT.0F-WAY SUIT
INVOLVING DAMAGES AMOUNT
ING TO $4,000.

Right of way litigation between the
Oregon Electric and Salem properly
owners has been given several
bitches in the past "a hours. An an
swer will be filed in the case OF
! Spaulding Logging Company today
Carson and Brown, who are handling
several of the right of way cases,
have been retained by the Spaulding
corporation to assist their counsel,
Geo G. Bingham, and that case Will
be fought hard in the courts. The
first case to be tried will probably be
one of the Minto brothers. The an
swer set up in the suit of the Oregon
Electric against Douglas Minto and
jeanette A. Mimic, his wife, contains
the following allegations:
That the defendant d. c. Minto'
is the owner of a large farm contain
ing 800 acres, more or less, a part OF
which is within the limits of the city
of Salem, in Marion county, oregon
III.
THAT the plaintiff has surveyed a
route for a proposed railway through
, the said farm, for a distance or 59u
, feet or thereabouts, and varying II
! width from 70 to 80 feet
".
THAT upon the northeast corner o.
a said farm defendent D. c. Minto has
erected his dwelling house, barn
{ sheds and other outbuildings.
: V.
: THAT the said northeast corner o
= said farm, whereon the said dwelling
house, barns, sheds and other build
ings are erected, is high land border
ing upon a branch of the Willamett
river. while the remainder OF sal
:, farm is low and subject to oyerfloN
by the Willamette river.
vi.
Is That the defendant D. c. Minto ha
" been for several years past and
/ now using said farm for the purpos
y of raising hops, and livestock, grail
. etc, and in order to connect the To-
v living portion of said farm with tn
up-land, where the said buildings al
~ located there is a road running alon
70 the hill which separates the low-lan
~ from the upland and the said road
~ the only means of communicate
~ which the said defendant Las b.
>. tween the said low-land and Gp-lan
az VII.
e. That the said dwelling house
- residence erected on the northea
H. corner of said farm and occupied
the defendant, D. c. Minto and h
wife as their home, is construct
after the style of a Swiss chalet, al
fronts north overlooking the sa
willamette river, and the said DIVE
ing is erected on the brow or crest
said hill. and the plaintiff now pr
noses to build its said line Of railw
" Immediately in front of said dwelllI
~ house, and thence cutting aero
southwark over the said road a
through the barn, sheds and ba
wards on the said upland, and
,re constructing its said railway,
al plaintiff proposes to erect tres
ng about 25 feet high in front of I
Ich said dwelling house, thereby
or structing the view from the 81
dwelling house and seriously dep
,er ciating the value thereof, and furti
re- southwark making a cut Is feet de
l a or more through the said up-la
rts and in making such cut, the def
oes dant's said road will be rendered
the most useless, thereby depriying
os- defendant of his means of commu
az cation between the upland and
low-land: moreover, the said railv
so proposed to be built is so loca
as to deprive this defendant Of pr
tically all his water front along
be branch of said river, being GOO
her or more, and many fruit and sh
A. trees are also being taken by
IS a plaintiff. as follows: Three Eng
nu- walnut trees, 10 years old; one cf
ry tree; four apple trees; three pl
Will trees; one black walnut tree over
: is years old; and eight maple sh
the trees, and the said proposed right
/ of way of said railway runs thro
the said buildings, and the plaiI