Legal Opinion

Davis v. Chamberlain

Oregon Supreme Court

Decided December 8, 1908PublishedCited by 27 opinions

From Jackson: Hiero K Hanna, Judge. This is a suit by Allen Davis and others against H. M. Chamberlain and others, to restrain defendants and each of them from diverting any water from Wagner Creek, a tributary of Bear Creek, in Jackson County, Oregon, above the head of plaintiff’s ditches. From a decree in favor of plaintiffs, a part of defendants appeal.

1Opinion of the CourtJustice Eakin

Plaintiffs are the owners of five water ditches involved in this suit, viz., the Wagner & Thornton ditch, the Beeson & Robison ditch, the Davenport ditch, the Rock-fellow ditch, and the Farmers’ ditch. The appropriations through these ditches were made at different times and in different amounts. Each plaintiff owns an interest in some one of these ditches, but they are not all interested in the same one, and, there being no controversy between them, .they have made common cause against defendants. They take water out of Wagner Creek, a tributary of Bear Creek, in Jackson County, Oregon,…

2Cases cited18 opinions

  1. Atchison v. PetersonSupreme Court of the United States · 1874
  2. Crawford Co. v. HathawayNebraska Supreme Court · 1903
  3. Simmons v. WintersOregon Supreme Court · 1891
  4. Barnes v. SabronNevada Supreme Court · 1875
  5. Jones v. AdamsNevada Supreme Court · 1885

13 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Hough v. PorterOregon Supreme Court · 1909
  2. In re Willow CreekOregon Supreme Court · 1914
  3. Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
  4. Bamforth v. IhmsenWyoming Supreme Court · 1922
  5. Fitzstephens v. WATSONOregon Supreme Court · 1959

22 more not listed; retrieve them via the Exa API.

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