Ankeny v. Fairview Milling Co.
Oregon Supreme Court
Appeal from Marion County. Issue was joined in tbe pleadings upon tbe question as to whether or not defendant’s ditch was a nuisance to plaintiff. Such being the case, we contend that the general verdict of the jury “ for the plaintiff ” was a decision of all the issues of the action in favor of the plaintiff — among others, that the ditch was a nuisance.
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Appeal from Marion County. Issue was joined in tbe pleadings upon tbe question as to whether or not defendant’s ditch was a nuisance to plaintiff. Such being the case, we contend that the general verdict of the jury “ for the plaintiff ” was a decision of all the issues of the action in favor of the plaintiff — among others, that the ditch was a nuisance. (Code, p. 261, sec. 766, subd. 18; Torrence v. Strong, 4 Or., 39; Reed, v. Gentry, 7 Or., 497.) In addition to this, the section of the code under which the action was brought, expressly authorizes the allowance of a motion to abate the…
1Opinion of the Court
By the Court,
Watson, C. J.:
This action was brought under the provisions of title 2 of chap. 4 of the civil code, for damages alleged to have been caused by a private nuisance, affecting the use and enjoyment of real property. Section 330 of this title is as follows: “Any person whose property is affected by a private nuisance, or whose personal enjoyment thereof is in like manner thereby affected, may maintain an action at law for damages therefor. If judgment be given for the plaintiff in such action, he may, in addition to the execution to enforce the same, on motion, have an order allowing…
2Cases cited6 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Thompson v. McKayCalifornia Supreme Court · 1871
- Johnson v. MurphyTexas Supreme Court · 1856
- Howard v. StateIndiana Supreme Court · 1855
- Briggs v. WellsNew York Supreme Court · 1851
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3Cited by3 opinions
- Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
- Campbell v. Monaco Coal Mining Co.Belmont County Court of Common Pleas · 1948
- Kothenberthal v. City of Salem Co.Oregon Supreme Court · 1886