Taylor v. Welch
Oregon Supreme Court
Appeal from Clatsop County. This is a suit in equity for an injunction and for damages. The complaint alleges that plaintiff is the owner of certain real property in the city of Astoria, upon which is situated his dwelling. That from time immemorial a spring branch has been wont to flow through this land, from which he has hitherto obtained water for his domestic, household and other purposes, and that he has no other suitable and convenient supply of water upon his land.
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Appeal from Clatsop County. This is a suit in equity for an injunction and for damages. The complaint alleges that plaintiff is the owner of certain real property in the city of Astoria, upon which is situated his dwelling. That from time immemorial a spring branch has been wont to flow through this land, from which he has hitherto obtained water for his domestic, household and other purposes, and that he has no other suitable and convenient supply of water upon his land. That up to the time of the grievances alleged in the complaint, this spring branch supplied, during all seasons of the…
1Opinion of the Court
By the Court, Watson, J.:
The rules of law applicable to this case seem to be well settled. Every proprietor of land through which flows a stream of water, has a right to the use of the water flowing in its natural channel without diminution or obstruction. (Wash, on Ease. 215.) The same rule applies to water which flows in a well defined and constant stream in a subterranean channel. (Angel on W. C., sec. 112; Wash, on Ease. 364); but it does not apply to water percolating through the soil or even flowing through an unknown and undefined channel. (Wash, on Ease. 210; Id. 364.) These rules,…
2Cited by12 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Case v. HoffmanWisconsin Supreme Court · 1898
- Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
- Ryan v. QuinlanMontana Supreme Court · 1912
- Boyce v. CupperOregon Supreme Court · 1900
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