Daily capital journal. (Salem, Oregon) 1903-1919, 1917-03-06
SUPREME COURT GIVES
ROAD ANOTHER TRIAL
More Testimony To Be Heard
In Portland Bridge Case
II Other Opinions

Modification of the decree of the
lower court in the case of the Oregon
Washington Railway and Navigation
company, respondent, against the Spo-
kane, Portland and Seattle Railroad,
appellant, suit in equity by the Oregon
Washington company to set aside an
award made by the public service com
mission relating to the use of the
bridge across the willamette river at
Portland, was ordered by Judge Wal.
lace McCamant in a decision handed
down this morning remanding the case
for further hearing.
When the Oregon Washington Rail
way and Navigation company built the
bridge across the Willamette river at
Portland, it was in compliance with
an ordinance of the city of Portland
and the permission OF the war depart
ment, both of which authorities re-
quired that the bridge could be used
by other companies ON payment of
suitable compensation. When the S. z.
and s. entered Portland it's passenger
depot was on the west side and no use
OF the bridge was necessary but it
has spent two million dollars in con
struction work on the east side and
finds it necessary to use the bridge. 1t
appealed to the railroad commission to
sit as a board of arbitration between
the two companies to fix the compen
sation. After the hearing the railroad
commission fixed the sum of $500
month as an equitable compensation.
The OW. r. and N. company refused
to consider the award and brought suit
3 49, .nA T..l l.
ty to have it set aside. The court set
the award aside and the defendant
company appealed to the supreme court
1t was deemed by Judge McCamant
that there was testimony in the case
that should have been taken and both
sides are granted the privilege of pre-
senting further testimony.
Eleven other cases were handed
down as follows:
ID. B. Ulbrand, respondent, against
J. E. Bennett and Alan Weleh Smith,
appellants, appeal from Multnomah
county, Judge Gatens; action for
breach of trust; reversed and remand
ed by Judge Burnett.
! Martin johnson, ct al, respondents
against Josephine Paulson, ct al, ap-
ipellants, appeal from Multnomah coun-
| ty, Judge Duffy: suits to foreclose
mechanics liens; modified by Judge
Benson.
Geo. R. Bagley, appellant, against
Multnomah county, respondent, appeal
| from Multnomah county, Judge Davis;
suit to quiet title to real property; re-
versed and remanded by Judge Moore.
Columbia county, respondent against
Consolidated Contract company and
New England Casualty company, ap-
Ipeal from Columbia county, Judge Ea-
kin; action for breach of contract; af-
firmed by Judge Bean.
In the matter of determination of
he relative rights to the water of
Sucker creek, an appeal from dose
lphine county, Judge Calkins; Mary FL
len Leonard, owner of two farms, APP
lpealed from decision Of state water
board; affirmed by Judge Harris.
Ida May Wicks, respondent, against
/ IL. X. Metealf and Andrew Brund, ap-
ipellants, appeal from Lane county,
Judge Skipworth; suit to cnioin prose
eution of certain action at law as
against the plaintiff; reversed by
Judge Benson.
/ Edward Summerfield, administrator
/ of the estate Of Alma Summertleld, de-
ceased, appellant, against the South
ern Pacific company, respondent, ap-
lpeal from Clackamns county, Judge
Campbell; an action for damages; af-
| firmed by Judge Mcbride.
/ Clarinda Trust and Saving Bank re.
spoudent. against VI, r. Doty, appel
liant, appeal from Klamath county,
Judge Noland; suit to foreclose chat
tel mortgage; affirmed by Judge Ne
Bride.
Celia Nj. Rostad, respondent. against
M. G. Thorsen, ct al, appellants, appeal
from Multnomah county; sit TO cancel