De Armond v. Moon

The contract for the sale of the timber under which defendants are operating does not specify the manner of moving the logs from the premises. Any reasonable or workmanlike method which does no unnecessary injury to the land or damage to plaintiffs may be used by defendants.

Both plaintiffs and defendants rely upon the rules announced, in Kamm v. Normand, 50 Or. 9 (91 Pac. 448, 126 Am. St. Rep. 698, 11 L. R. A. (N. S.) 290). Plaintiffs claim the benefit of this language on page 14 of the official report:

“But a stream which is not such a highway cannot be made one by the use of dams or other…