Legal Opinion

Branson v. Gee

Oregon Supreme Court

Decided April 17, 1894PublishedCited by 17 opinions

Appeal from Yamhill: Geo. H. Burnett, Judge. This is an action by Eli T. Branson against Henry Gee, to recover damages, alleged to have been caused by the defendant’s entering upon the plaintiff’s lands described in the complaint, digging and taking gravel therefrom, and leaving the fences open, so that cattle entered upon and. destroyed his pasture.

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Appeal from Yamhill: Geo. H. Burnett, Judge. This is an action by Eli T. Branson against Henry Gee, to recover damages, alleged to have been caused by the defendant’s entering upon the plaintiff’s lands described in the complaint, digging and taking gravel therefrom, and leaving the fences open, so that cattle entered upon and. destroyed his pasture. The defendant, after denying the allegations of the complaint, set up as a separate defense thereto that Yamhill County was and is a duly organized county of the state of Oregon; that during all the time mentioned in the complaint the defendant…

1Opinion of the Court

Opinion by

Mr. Chief Justice Lord.

Our statute makes it the duty of supervisors to keep the roads in their districts open and in good repair, and to enable them to do so they are authorized by section 4092, Hill’s Code, “to enter upon any lands adjoining or near the public road, and gather, dig, and carry away any stone, gravel, or sand * * * necessary for the making and repair of any public road in their district” and section 4093 provides that “if any person shall feel aggrieved by the act of any supervisor cutting or carrying away timber or stone as aforesaid, he may make complaint thereof…

2Cases cited2 opinions

  1. Stuart v. . PalmerNew York Court of Appeals · 1878
  2. Kendall v. PostOregon Supreme Court · 1879

3Cited by17 opinions

  1. Moore Mill & Lumber Co. v. FosterOregon Supreme Court · 1959
  2. Towns v. Klamath CountyOregon Supreme Court · 1898
  3. Smith v. CameronOregon Supreme Court · 1922
  4. Sheridan County v. DavisNorth Dakota Supreme Court · 1932
  5. Baker County v. BensonOregon Supreme Court · 1901

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