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200 Or. 263

265 P.2d 251

Jack v. HUNT ET UX.

Oregon Supreme Court

Decided December 9, 1953

Oregon Supreme Court · decided 1953-12-09

Good law ✅— No negative treatment on recordhow we know

Decided 1953-12-09

How this case has been cited

Cited by 9 later decisions — most recently June 1975

9 state decisions

60195319601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Petition eor Rehearing

PERRY, J.

¶2Plaintiff has petitioned for a rehearing in this matter.

¶3The plaintiff’s main contention is that the trial court on view of the premises observed a well-defined roadway leading to the rear of the plaintiff’s property. This view of the property by the trial court was not in itself evidence, but was only for the purpose of giving the court a better understanding of the evidence to be offered.

¶4The plaintiff, however, calls our attention to errors which should be corrected.

¶5In paragraph 4 of the opinion we stated “The roadway in which the plaintiff seeks a perpetual easement appurtenant to her property runs generally in a north*274erly and southerly direction along the western boundary of the plaintiff’s property … This should be “the eastern boundary of plaintiff’s property.”

¶6In paragraph 5 of the opinion we stated “… Subsequent to the conveyance of the property to the defendants plaintiff constructed on the northerly portion of the property retained by her a small rental house, and to the rear of her home she constructed a grain storage bin.” We should have stated that “to the rear of her home she constructed a building for storage.”

¶7We have carefully considered the petition for rehearing and are of the opinion that the conclusion reached in our original opinion is correct.

¶8The petition for rehearing is, therefore, denied.

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