Mutual Irrigation Co. v. Baker City
Oregon Supreme Court
From Baker: William Smith, Judge. This is a suit by The Baker City Mutual Irrigation Company, a corporation, against Baker City, a municipal corporation, William Pollman, as mayor, O. P. Ison, D. L. Wyatt, A. Hansen, W. H. Shoemaker, E. T. Beers, George Chandler, M. F. Bennett and E. E. Dobbins, as councilmen of Baker City, Jerry' White and Warren Construction Company, a corporation. Motion on defendants appeal to correct defective transcript. Statement by Mr. Justice Moore.
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From Baker: William Smith, Judge. This is a suit by The Baker City Mutual Irrigation Company, a corporation, against Baker City, a municipal corporation, William Pollman, as mayor, O. P. Ison, D. L. Wyatt, A. Hansen, W. H. Shoemaker, E. T. Beers, George Chandler, M. F. Bennett and E. E. Dobbins, as councilmen of Baker City, Jerry' White and Warren Construction Company, a corporation. Motion on defendants appeal to correct defective transcript. Statement by Mr. Justice Moore. This is a suit to enjoin interference with irrigating ditches in city streets. The facts constituting the basis of…
1Opinion
Decided January 10, 1911, rehearing denied April 4, 1911.
On the Merits.
When Baker City was incorporated, subdivision 8 of section 2 of article 3 of the charter, prescribing the powers of the board of trustees and authorizing the removal of obstructions from highways, contained a clause as follows: “Provided, the same shall not interfere with the improvements which now exist within the lines of the streets.” Sp. Laws Or. 1874, p. 151. This proviso was re-enacted when the charter was first amended. Sp. Laws Or. 1878, p. 192. The next amendment, however, omitted the conditional clause. Sp. Laws…
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