Grande Ronde Electrical Co. v. Drake
Oregon Supreme Court
From Union: Robert Eakin, Judge.. Statement by Mr. Ciiiee Justice Moore. Tbis is an action by the Grande Ronde Electrical Co. against _ A. H. and Ií. D. Drake to condemn a right of way for a ditch across defendants’ premises, and also their interest as riparian proprietors in and to the surplus water of a nonnavigable stream.
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From Union: Robert Eakin, Judge.. Statement by Mr. Ciiiee Justice Moore. Tbis is an action by the Grande Ronde Electrical Co. against _ A. H. and Ií. D. Drake to condemn a right of way for a ditch across defendants’ premises, and also their interest as riparian proprietors in and to the surplus water of a nonnavigable stream. The complaint states that plaintiff is a corporation organized to construct ditches, and to appropriate the surplus water of Catherine Creek, in Union County, to be used in generating electrical power to operate a railway, to furnish artificial light, and to propel…
1Opinion of the CourtChief Justice Moore
The question to be considered is whether or not it was necessary, as a condition precedent to the assertion of the right sought to be invoked, to allege in the complaint that plaintiff was the sole owner of all the land bordering on both sides of Catherine Creek, from the. head gate of the proposed ditch to the lower terminus thereof, or had secured from the riparian proprietors on that stream the exclusive right to divert and use the surplus waters thereof. A general statement of some of the. provisions of the statute ;on which this action is based, so far as they relate to the power of a…
2Cases cited7 opinions
- Bridal Veil Lumbering Co. v. JohnsonOregon Supreme Court · 1896
- Fanning v. GillilandOregon Supreme Court · 1900
- Apex Transportation Co. v. GarbadeOregon Supreme Court · 1898
- Huddleston v. City of EugeneOregon Supreme Court · 1899
- Oregonian Railway Co. v. HillOregon Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. CameronOregon Supreme Court · 1922
- Pringle Falls Power Co. v. PattersonOregon Supreme Court · 1913
- Pittsburg Hydro-Electric Co. v. ListonWest Virginia Supreme Court · 1911
- Anderson v. Smith-Powers Logging Co.Oregon Supreme Court · 1914
- Walker v. Shasta Power Co.Court of Appeals for the Ninth Circuit · 1908
2 more not listed; retrieve them via the Exa API.