Eagle Cliff Fishing Co. v. McGowan
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice Moore. This is a suit by the Eagle Cliff Fishing Company, a corporation, against H. S. McGowan, James McGowan, Eric Lindstrom, J. P. Coyle, John Doe, Richard Roe, Sam Jones and Bill Smith, to enjoin interference with the right of access to a navigable stream from a part of the tidelands fronting upon Sand Island, in the Columbia River, near its mouth.
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From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice Moore. This is a suit by the Eagle Cliff Fishing Company, a corporation, against H. S. McGowan, James McGowan, Eric Lindstrom, J. P. Coyle, John Doe, Richard Roe, Sam Jones and Bill Smith, to enjoin interference with the right of access to a navigable stream from a part of the tidelands fronting upon Sand Island, in the Columbia River, near its mouth. The facts are that by proclamation of the President of the United States this island was on August 29, 1863, withdrawn from sale, and reserved for military purposes. All of…
1Opinion of the Court
Mr. Justice
Moore delivered the opinion of the court.
1. The questions to be considered are: (1) Is the determination of the federal court, in the case referred to, a bar to the prosecution of this suit? (2) If that decree does not constitute an estoppel herein, has the plaintiff, by reason of its possession of the tidelands fronting upon a part of Sand Island, the right to enjoin the placing in the Columbia River, in front of its premises the obstructions mentioned, when the defendants were undertaking to exercise at such place privileges alleged to have been obtained from the master fish…
2Cases cited20 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Riggs v. Johnson CountySupreme Court of the United States · 1868
- Weber v. Board of Harbor CommissionersSupreme Court of the United States · 1873
- State v. HammelsyOregon Supreme Court · 1908
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Anthony v. VeatchOregon Supreme Court · 1950
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- State v. SavageOregon Supreme Court · 1919
- Monroe v. WithycombeOregon Supreme Court · 1917
- Herrin v. SutherlandMontana Supreme Court · 1925
24 more not listed; retrieve them via the Exa API.