Morton v. Oregon Short Line Ry. Co.
Oregon Supreme Court
From Malheur: George E. Davis, Judge. Statement by Mr. Justice Moore. This is a suit by J. A. Morton against the Oregon Short Line Railway Co., a corporation, to enjoin the maintenance of obstructions to the flow of water in a stream.
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From Malheur: George E. Davis, Judge. Statement by Mr. Justice Moore. This is a suit by J. A. Morton against the Oregon Short Line Railway Co., a corporation, to enjoin the maintenance of obstructions to the flow of water in a stream. The complaint states, in substance, that the plaintiff is the owner of certain real property in section 28, township 18 S., of range 47 E., in Malheur County, which land lies west of and borders on the Snake River; that in 1904, the defendant built above such premises in the west channel of the stream certain dams which deflected the water, depositing sediment…
1Opinion of the Court · MooreJustice Moore
The transcript shows that the plaintiff is the owner of the real property mentioned, and that Ms land borders on the west bank of the Snake River. The township referred to was surveyed in 1874, and the field notes thereof, a copy of which was offered in evidence, show that the left bank of the river, as meandered, then intersected the south boundary of section 33 at a point 68.35 chains west of the southwest corner of that section, and extended northwesterly by a curved line to a point west, but near the center, of section 33; thence, by a similar line northeasterly, to a point east of the…
Also in this document: Opinion of the Court · Moore.
2Cases cited3 opinions
- Mathewson v. HoffmanMichigan Supreme Court · 1889
- Price v. Oregon RailroadOregon Supreme Court · 1906
- Gulf, C. & S. F. Ry. Co. v. ClarkCourt of Appeals for the Eighth Circuit · 1900
3Cited by15 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Conger v. Pierce CountyWashington Supreme Court · 1921
- Fitzstephens v. WATSONOregon Supreme Court · 1959
- Yellowstone Pipe Line Company, a Corporation v. Anthony KuczynskiCourt of Appeals for the Ninth Circuit · 1960
- Cartwright v. Southern Pac. Co.District Court, D. Oregon · 1913
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