Fraser v. Portland
Oregon Supreme Court
From Multnomah: John S. Coke, Judge. In Banc. Statement, by Mr. Justice Harris. John J. Fraser owns a five-acre tract of land in Portland. East Twenty-ninth Street extends north and south and ends in a cul-de-sac at the northeast corner of the Fraser acreage. Siskiyou Street extends east and west and terminates at the east line of the five-acre tract.
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From Multnomah: John S. Coke, Judge. In Banc. Statement, by Mr. Justice Harris. John J. Fraser owns a five-acre tract of land in Portland. East Twenty-ninth Street extends north and south and ends in a cul-de-sac at the northeast corner of the Fraser acreage. Siskiyou Street extends east and west and terminates at the east line of the five-acre tract. If East Twenty-ninth Street should be extended across the land owned by Fraser, a junction would be formed with Siskiyou Street, because what is now the east boundary line of the acreage would by such street extension become the east line of the…
1Opinion of the CourtJustice Harris
1. The city takes the position that the plaintiff is estopped to ask for the removal of the sewer from his land, because he had notice of the intention of the city to construct the conduit, across his property, but *95notwithstanding such knowledge he neglected to object until after the completion of the improvement, when the rights of the public had intervened. The city cannot defeat the suit, unless an equitable estoppel can be raised as an insurmountable barrier.
When the city planned the improvement, the municipal authorities assumed that by the time they would be ready to lay the sewer, East…
2Cases cited24 opinions
- Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
- North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898
- Willamette Iron Works v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1894
- Bowman v. BowmanOregon Supreme Court · 1899
- Garrett v. BishopOregon Supreme Court · 1895
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lloyd Corporation v. WhiffenOregon Supreme Court · 1989
- Coos County v. StateOregon Supreme Court · 1987
- York Et Ux v. StallingsOregon Supreme Court · 1959
- Minto v. Salem Water, Light & Power Co.Oregon Supreme Court · 1926
- Heisley v. EastmanOregon Supreme Court · 1921
10 more not listed; retrieve them via the Exa API.