Johnson v. Jeldness
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff, a citizen and resident of the State of Oregon, is the admitted owner of a certain upland island and the tide-lands in front of the same in the navigable waters of the Columbia River.
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From Clatsop: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Burnett. The plaintiff, a citizen and resident of the State of Oregon, is the admitted owner of a certain upland island and the tide-lands in front of the same in the navigable waters of the Columbia River. The place is valuable to him for fishing purposes, not only as a member of the general public, but also for the fact that he, as proprietor of the uplands, has the exclusive appurtenant right to draw his seines ashore on his own premises. He complains that the defendants have made preparations for and are in the…
1Opinion of the CourtJustice Burnett
1-3. Quoting from their brief, the defendants contend that
“the title to plaintiff’s tide-land came to him from the state, impressed with the jus publicum or public ownership, which was retained by the state, and which includes the public rights of navigation and fishery. ’ ’
This is very true as a major premise: Bowlby v. Shively, 22 Or. 410 (30 Pac. 154); Hume v. Rogue River Packing Co., 51 Or. 237 (83 Pac. 391, 92 Pac. 1065, 96 Pac. 865, 131 Am. St. Rep. 732, 31 L. R. A. (N. S.) 396); Corvallis & Eastern R. Co. v. Benson, 61 Or. 359 (121 Pac. 418). The fallacy of their argument is the…
2Cases cited7 opinions
- State v. HammelsyOregon Supreme Court · 1908
- Bowlby v. ShivelyOregon Supreme Court · 1892
- Hume v. Rogue River Packing Co.Oregon Supreme Court · 1907
- Corvallis & Eastern R. Co. v. BensonOregon Supreme Court · 1912
- Eagle Cliff Fishing Co. v. McGowanOregon Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Marincovich v. TarabochiaWashington Supreme Court · 1990
- Hilt v. WeberMichigan Supreme Court · 1930
- West v. SmithIdaho Supreme Court · 1973
- McCarthy v. Coos Head Timber Co.Oregon Supreme Court · 1956
- Anderson v. Columbia Contract Co.Oregon Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.