WESTERN FARMERS ELECTRIC COOP. v. ANDERSON

WESTERN FARMERS ELECTRIC COOP. v. ANDERSON
1955 OK 253
288 P.2d 725
Case Number: 36486
Decided: 09/27/1955
Supreme Court of Oklahoma

WESTERN FARMERS ELECTRIC COOPERATIVE, A CORPORATION OF ANADARKO, OKLAHOMA, PLAINTIFF,
v.
C.H. ANDERSON AND MRS. C.H. ANDERSON, DEFENDANTS.

Syllabus

¶0 1. A party, who, in the trial court, made no motion for continuance nor objection to trial but, on the other had, announced ready for trial, is not in a position to complain that the case was tried to the same jury which had tried several other similar cases.

2. In the absence of error of law, a verdict for damages in condemnation proceedings, reasonably supported by conflicting evidence, will not be set aside on appeal.

Appeal from the District Court, Jackson County, Weldon Ferris, J.

[288 P.2d 726]

Error from the District Court of Jackson County; Weldon Ferris, District Judge.

Plaintiff, Western Farmers Electric Cooperative, brought this action in condemnation to secure a right of way across lands of the defendants, C.H. Anderson and Mrs. C.H. Anderson. Plaintiff appealed from the report of commissioners to a trial by jury, from whose verdict, plaintiff has appealed to this court. Affirmed.

H.C. Ivester, Sayre, Harry C. Hicks, Hollis, for plaintiff in error.

Oden & Oden, Ryan Kerr, Yates & Braddock, Altus, for defendants in error.

DAVISON, J.

¶1 Except for the amount of the verdict and judgment and the identity of the land involved and of the defendants the instant case presents generally the same issues as were in cause number 36485, Western Farmers Electric Cooperative v. Yates,

¶2 The same reasoning and rules of law being here controlling, the opinion in said cause number 36485 is adopted as the opinion herein.

¶3 Judgment affirmed.

¶4 JOHNSON, C.J., WILLIAMS, V.C.J., and WELCH, CORN, BLACKBIRD, and JACKSON, JJ., concur.

¶5 HALLEY, J., dissents.