Harbison v. City of Hillsboro
Oregon Supreme Court
From Washington: Geo. R. Bagley, Judge.' Department 2. This is an action for damages, caused by the City of Hillsboro depositing sewage and waste water from its sewers into, and obstructing the-flow of water in, a drainage ditch which drains plaintiffs’ land. The cause was tried before the court and a jury, resulting in a verdict for plaintiffs. From a consequent judgment defendant appeals.
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From Washington: Geo. R. Bagley, Judge.' Department 2. This is an action for damages, caused by the City of Hillsboro depositing sewage and waste water from its sewers into, and obstructing the-flow of water in, a drainage ditch which drains plaintiffs’ land. The cause was tried before the court and a jury, resulting in a verdict for plaintiffs. From a consequent judgment defendant appeals. The main facts disclosed by the record are substantially as follows: Plaintiffs have been the owners and in possession of the real property described in the complaint, and designated throughout the…
1Opinion of the CourtBean, J.
— At the close of plaintiffs’ case the defendant moved for a nonsuit on the ground that there was not sufficient evidence to justify submitting the case to the jury, in that plaintiffs’ right to use the ditch and flow waters over the Corrieri lands was but a mere license, subject to such use as might be made by the owner of the Corrieri land and his grantee; that if the use of the ditch or lands of Corrieri by Corrieri, or another by his permission, interfered with plaintiffs’ use, such use constituted a revocation of the license in so far as such use interfered with plaintiffs’ enjoyment of…
2Cases cited16 opinions
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Wood v. MoultonCalifornia Supreme Court · 1905
- Anderson v. HendersonIllinois Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- LEVENE ET UX. v. City of SalemOregon Supreme Court · 1951
- Clark v. City of SpringfieldMissouri Court of Appeals · 1951
- Kinross Copper Corp. v. State of OregonCourt of Appeals of Oregon · 1999
- Switzer v. YuntCalifornia Court of Appeal · 1935
- East St. Johns Shingle Co. v. City of PortlandOregon Supreme Court · 1952
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