Legal Opinion

Van Buskirk v. Bond

Oregon Supreme Court

Decided August 11, 1908PublishedCited by 17 opinions

From Linn: William Galloway, Judge. This is a suit by F. S. Van Buskirk and others against A. B. Bond, to enjoin an alleged public nuisance. From a decree in favor of plaintiffs, the defendant appeals. Statement by Mr. Justice Moore. This is a suit by private parties to enjoin an alleged public nuisance.

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From Linn: William Galloway, Judge. This is a suit by F. S. Van Buskirk and others against A. B. Bond, to enjoin an alleged public nuisance. From a decree in favor of plaintiffs, the defendant appeals. Statement by Mr. Justice Moore. This is a suit by private parties to enjoin an alleged public nuisance. The complaint states: That two county roads, crossing defendant’s lands, were duly established, and for more than 40 years last past have been used by the public; that the plaintiffs live in the vicinity of these roads, which are the most feasible routes from their residences to Albany, and…

1Opinion of the CourtJustice Moore

1. It is admitted that obstructing a highway is a public nuisance (Milarkey v. Foster, 6 Or. 378: 25 Am. Rep. 531; City of Roseberg v. Abraham, 8 Or. 509).

*2372. The right to restrain a public nuisance by a private party is not recognized, unless he has sustained some damage or injury differing in kind from that suffered by the general public. (Parrish v. Stephens, 1 Or. 73; Esson V. Wattier, 25 Or. 7: 34 Pac. 756; Blagen v. Smith, 34 Or. 394: 56 Pac. 292: 44 L. R. A. 522).

3. The plaintiffs do not allege that their lands abut upon the roads mentioned, or aver that they are the only highways…

2Cases cited10 opinions

  1. Smith v. GardnerOregon Supreme Court · 1885
  2. City of New Castle v. RaneySupreme Court of Pennsylvania · 1890
  3. Esson v. WattierOregon Supreme Court · 1893
  4. Blagen v. SmithOregon Supreme Court · 1899
  5. Parrish v. StephensOregon Supreme Court · 1853

5 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Duester v. AlvinOregon Supreme Court · 1915
  2. Lowell v. Pendleton Auto Co.Oregon Supreme Court · 1927
  3. McKay v. City of EnidSupreme Court of Oklahoma · 1910
  4. Stotts v. DichdelOregon Supreme Court · 1914
  5. Bernard v. Willamette Box & Lumber Co.Oregon Supreme Court · 1913

12 more not listed; retrieve them via the Exa API.

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