Harrington v. Demaris
Oregon Supreme Court
From Umatilla: William E. Ellis, Judge. Statement by Mr. Chibe Justice Moore. This is a suit by S.' F. Harrington against A. L. Demaris to enjoin interference with the flow of water in the channel of a creek to plaintiff’s premises.
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From Umatilla: William E. Ellis, Judge. Statement by Mr. Chibe Justice Moore. This is a suit by S.' F. Harrington against A. L. Demaris to enjoin interference with the flow of water in the channel of a creek to plaintiff’s premises. It is alleged in the amended complaint, in substance, that until August, 1900, a natural stream of water, consisting of about 480 inches, had its source from time immemorial in certain springs arising in and issuing from the land -of one E. M. Dorothy, in Umatilla County, and flowed westward through defendant’s land, thence across plaintiff’s premises, and through…
1Opinion of the CourtChief Justice Moore
An examination of the pleadings, the substance of which is hereinbefore set out, shows that the controversy involved in this suit relates to the use of water from a stream by riparian proprietors; and, though appropriations of water are mentioned in the complaint and answer, no priority of possession of public land is alleged by either party as a foundation for a vested and accrued right to the use of such water (Rev. Stat. IT. S. § 2339, H. S. Comp. St. 1901, p. 1437), nor is it averred by either party that, after the necessary demands of a prior appropriator had *115been supplied, there…
2Cases cited16 opinions
- Simmons v. WintersOregon Supreme Court · 1891
- Jones v. ConnOregon Supreme Court · 1901
- McCall v. PorterOregon Supreme Court · 1902
- North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898
- Albert v. SalemOregon Supreme Court · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Chowchilla Farms Inc. v. MartinCalifornia Supreme Court · 1933
- LUCKEY ET UX v. DeatsmanOregon Supreme Court · 1959
- Vandalia Railroad v. YeagerIndiana Court of Appeals · 1915
- Wellman v. Kelley & HarrisonOregon Supreme Court · 1953
8 more not listed; retrieve them via the Exa API.