Whited v. Cavin
Oregon Supreme Court
From Baker: William L. Bradshaw, Judge. Statement by Mr. Justice King. This is a suit by Thos. J. Whited, William Wham, Jos. Wham, Belle M. Whited and George Whited against Samuel Cavin and others, to determine the right, as between plaintiffs and defendants, to the use of the waters of the south fork of Burnt River in Baker County.
Read the full summary
From Baker: William L. Bradshaw, Judge. Statement by Mr. Justice King. This is a suit by Thos. J. Whited, William Wham, Jos. Wham, Belle M. Whited and George Whited against Samuel Cavin and others, to determine the right, as between plaintiffs and defendants, to the use of the waters of the south fork of Burnt River in Baker County. The complaint is in the usual form, and pleads prior appropriation by plaintiffs, as against all of the defendants, to the use of 750 inches of the waters of the stream, averring the inception of their rights to be in the spring of 1881, but does not seek a…
1Opinion of the CourtJustice King
A careful examination of the record discloses the following state of facts: The south fork of Burnt River is a perennial stream, furnishing a supply, during the dry period of each year, of from 20 to 40 second-feet of water, and rises near the southwest corner of Baker County, flowing northeasterly through an arid section of country, for a distance of about 12 miles, where it empties into the main channel of Burnt River. In 1880 Thos. J. Whited, one of the plaintiffs, settled on the south fork of Burnt River, where he has since resided. Some time *102in 1881, at a point on the west bank of the…
2Cases cited8 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Jones v. ConnOregon Supreme Court · 1901
- Gardner v. WrightOregon Supreme Court · 1907
- Albert v. SalemOregon Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re Willow CreekOregon Supreme Court · 1914
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Pabst v. FinmandCalifornia Supreme Court · 1922
- In Re Water Rights of Deschutes RiverOregon Supreme Court · 1929
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
13 more not listed; retrieve them via the Exa API.