Browning v. Lewis
Oregon Supreme Court
From Josephine : Hiero K. Hanna, Judge. This is a suit by L. N. Browning against L. A. Lewis and W. H. Hampton to enjoin interference with the flow of water in the channel of Grave Creek, a nonnavigable stream, to plaintiff’s premises.
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From Josephine : Hiero K. Hanna, Judge. This is a suit by L. N. Browning against L. A. Lewis and W. H. Hampton to enjoin interference with the flow of water in the channel of Grave Creek, a nonnavigable stream, to plaintiff’s premises. The transcript shows that plaintiff is the owner of a farm in Josephine County, through which said creek flows in a westerly direction in well-defined banks ; that in the spring of 1870 he constructed a dam therein, and by means of a ditch diverted water therefrom, which he has since continuously used for irrigation; that in the winter of 1879 and 1880 the…
1Opinion of the CourtJustice Moore
1. The answer admits plaintiff’s right to the use of water from Grave Creek for irrigation, but denies that he is entitled to more than sixty inches thereof for that purpose, and it is contended by defendants’ counsel that the court erred in awarding him a greater quantity than thus conceded. The testimony shows that plaintiff has in cultivation about sixty acres of land, all which is irri*14gated from the ditch, and about fifty acres of pasture, which the water therefrom will cover; but.it does not appear what quantity is necessary to irrigate said land successfully. In the absence of such…
2Cases cited8 opinions
- Hindman v. RizorOregon Supreme Court · 1891
- Utt v. FreyCalifornia Supreme Court · 1895
- Kitcherside v. MyersOregon Supreme Court · 1881
- Coventon v. SeufertOregon Supreme Court · 1893
- Jackson v. JacksonOregon Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McCall v. PorterOregon Supreme Court · 1902
- Northwest States Utilities Co. v. BrouiletteWyoming Supreme Court · 1937
- Kingsley v. United Rys. Co.Oregon Supreme Court · 1913
- Harrington v. DemarisOregon Supreme Court · 1904
- Borman v. BlackmonOregon Supreme Court · 1911
9 more not listed; retrieve them via the Exa API.