Rehfuss v. Weeks
Oregon Supreme Court
From Marion: Percy E. Kelly, Judge. In Banc. Plaintiff brought this action to recover damages in the sum of $475 of defendant for distributing water on plaintiff’s land by means of a drainage ditch and tiling-. The cause was tried before the court and a jury resulting in a verdict for defendant. From the consequent judgment plaintiff appeals.
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From Marion: Percy E. Kelly, Judge. In Banc. Plaintiff brought this action to recover damages in the sum of $475 of defendant for distributing water on plaintiff’s land by means of a drainage ditch and tiling-. The cause was tried before the court and a jury resulting in a verdict for defendant. From the consequent judgment plaintiff appeals. After describing the premises of .plaintiff and those ,of defendant, plaintiff asserted in his initiatory pleading in substance: That from time immemorial there has been a natural basin about 800 feet in length and 250 to 300 feet in width on the…
1Opinion of the CourtBean, J.
1. A defendant can be required to elect on which of several defenses he will rely only where the facts stated as such defenses are so inconsistent that if' the truth of one defense be admitted, it will necessarily disprove the other: Snodgrass v. Andross, 19 Or. 236 (23 Pac. 969); Farmers’ National Bank v. Hunter, 35 Or. 188 (57 Pac. 424); Fleishman v. Meyer, 46 Or. 267 (80 Pac. 209); Susznik v. Alger Logging Co., 76 Or. 189 (147 Pac. 922, Ann. Cas. 1917C, 700).
*29This rule of law is well settled in this state and it only remains to apply it. It will be noticed that the defendant pleaded in…
2Cases cited9 opinions
- Wood v. MoultonCalifornia Supreme Court · 1905
- Anderson v. HendersonIllinois Supreme Court · 1888
- Shaw v. WardWisconsin Supreme Court · 1907
- Davis v. FrySupreme Court of Oklahoma · 1904
- Susznik v. Alger Logging Co.Oregon Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- LEVENE ET UX. v. City of SalemOregon Supreme Court · 1951
- Jansen v. TylerOregon Supreme Court · 1935
- Wellman v. Kelley & HarrisonOregon Supreme Court · 1953
- Harbison v. City of HillsboroOregon Supreme Court · 1922
- Bazzaz v. Piculell Group, Inc.Court of Appeals of Oregon · 2014
6 more not listed; retrieve them via the Exa API.