Show SUPREME COURT FOR SHORT LINE Sustains Judgment of Lower ower Court in Jones Condemnation Cases OWNERS WANTED INTEREST STATUTE EXCLUDES THE CLAIM MADE BY APPELLANTS AP The supreme court yesterday y af affirmed affirmed firmed the judgment of or the district court on Ott the cases s of the Oregon Short Line Railroad company compan against Wilham Wil William liam linin ham R H Jones Joncs jr and his wife Jessie JessieP P Jones against James S Jones zones and his wife VICe Annie S Jones Jone and lind against William U Ti Jones jr and James S Jones Jons The Oregon Short Line was re respondent and the defendants defendant appellants in in each of the tile three cases eases which were consolidated at the trial The Oregon Short Line height ac actions actions actions in the district court to condemn certain lots owned by the appellants The condemnation cases came up un for trial in the district court in March 1904 and the only matter m submitted to the jury was the determination of the compensation which the appellants who were defendants in the lower court should receive for the taking of their property The defendants asked the court cohrt to instruct the jury jur to t compute interest at tt 8 S per cent from March 19 1303 the tho date of service ervice of the summons in each case to the date of rendering the ver verdict verdict dict diet on tIe tle aggregate ate amount allowed each defendant deducting the rental value of the premises of each defendant from March 19 1903 t date of rendering the verdict The court refused to give ghe this instruction and the jury brought In a verdict t COf or 01 the property of the defend defendants dt defendants ants and assessing the value alue thereof An Au appeal was taken by the defend defendants defendants defendants ants and the courts refusal to gUt give the instruction asked for was as error sufficient in the opinion of the tile defendants to cause a Ii reversal of judg judgment judgment ment Interest I Claim Void The Th supreme court COUlt in sustaining the finding of the lower court said It Itis Itis ItIs is quito quite clear that the tile statute excludes any an claim of interest at least such as asIs I Is here made The statute says sas in I plain terms that the actual value at atthe atthe the date of the summons shall be the tho measure of compensation for all the tile property to be actually actual taken The supreme court said further that there had been no actual ac entry of the tile Oregon Short Line Railroad company compan I in the tilt property pro pert of the defendants nor Hor Horas was as there an actual thereon at it atan any an time prior to the rendering of the verdict of the jury jur by which the tiffs liability to the defendants was j determined It was ordered that the tile judgment of I the lower court should be affirmed and ami the costs of the appeal assessed asses wd I against a tile the appellants The opinion was l lW by y Justice Justices tc h hand and Mccarty concurring |