Horst v. Columbia Contract Co.
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Department 2. The plaintiff was engaged in fishing with a gill net for salmon on the Columbia River in August, 1915. He had a gasoline boat about 30 feet long. He was fishing on Henrici Bar, laying out his net about 200 yards from the Washington shore toward the Oregon shore. The net was about 150 fathoms in length. The current in the river trends from the Washington shore toward the Oregon shore.
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From Multnomah: George N. Davis, Judge. Department 2. The plaintiff was engaged in fishing with a gill net for salmon on the Columbia River in August, 1915. He had a gasoline boat about 30 feet long. He was fishing on Henrici Bar, laying out his net about 200 yards from the Washington shore toward the Oregon shore. The net was about 150 fathoms in length. The current in the river trends from the Washington shore toward the Oregon shore. Having laid out his net he loosed himself from the Oregon end of the net and proceeded to the Washington end, and tied that end of the net to his boat and was…
1Opinion of the Court
BEAN, J. —
1. It is contended by defendant that the action is one to enforce a lien and that plaintiff’s remedy is in equity, and defendant challenges the jurisdiction of the law court. Section 5203, L. O. L., reads as follows:
“If any person in the control of any steamboat or other water craft shall intentionally or negligently conduct or navigate the same so as to destroy or injure the property of another, such person and his employer shall each be liable in treble damages for the property so injured or destroyed, and such damages shall be a lien on such boat. ”
As we read this statute it is…
2Cases cited5 opinions
- Malloy v. Marshall-Wells Hardware Co.Oregon Supreme Court · 1918
- Hopkins v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1902
- Oregon Fisheries Co. v. Elmore Packing Co.Oregon Supreme Court · 1914
- Benbow v. James JohnsOregon Supreme Court · 1910
- Johnnsson v. American Tug Boat Co.Washington Supreme Court · 1915
3Cited by4 opinions
- Beeson v. Atlantic-Richfield Co.Washington Supreme Court · 1977
- Anderson v. Columbia Contract Co.Oregon Supreme Court · 1919
- Agger v. Beatrice & RoseDistrict Court, D. Maine · 1949
- Van Deursen v. Dunlap Towing Co.Court of Appeals of Washington · 1977