West v. Taylor

— The object of this suit is to restrain the defendants from maintaining or repairing a certain dike or dam erected by them on their own lands in Clatsop County, Oregon, whereby the waters accumulating and flowing out of Cullaby Lake are caused to flow back upon the plaintiff’s lands, by means of which their use for agriculture or pasturage is entirely destroyed.

The facts as they appear from the evidence are about as follows: The plaintiff owns a large body of land adjacent to Cullaby Lake, in Clatsop County, Oregon. This lake is about two miles long and upon an average about one half mile…