Smith v. Cameron

In 1922, the plaintiff attempted, through the exercise of the power of eminent domain, to enlarge what is knoym as the “Farmers’ Ditch,” for the purpose of conveying water from the Little Applegate River to irrigate 160 acres of semi-arid land owned by him. An action was instituted, by virtue of Sections 5719 and 5720, Or. L., to appropriate a very narrow strip of land owned by defendants, in order to widen this ditch so as to carry additional water. A trial was had and judgment rendered in favor of the defendants, dismissing the action. Plaintiff appealed (106 Or. 1, 210 Pac. 716, 27 A. L.…