Hawaii Supreme Court, 1939

Territory of Hawaii v. Honolulu Plantation Co.

Territory of Hawaii v. Honolulu Plantation Co.
Hawaii Supreme Court · Decided February 27, 1939 · Ouriaon, Coke, Peters, Kemp
35 Haw. 25

Territory of Hawaii v. Honolulu Plantation Co.

Opinion of the Court

Per Ouriaon.

The petitioner-appellee, the Territory of Hawaii, asks for a rehearing in the above cause, basing its application largely upon that part of our opinion holding that the cause should go back to the trial court β€œfor admeasurement of such damage, if any, as appellant may be entitled to by reason of the severance of fields 62, 81, 82 and 83.”

Our disposition of the question accords to appellants the right to present an element of damage which the trial court erroneously refused to consider. If a rehearing Avere granted we would be bound to adhere to our former position, hence the petition is denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.