Oliver v. Klamath Lake Nav. Co.
Oregon Supreme Court
Statement by Mr. Justice King. This is a suit by C. T. Oliver and the Mitchell, Lewis & Staver Company, a corporation, against the Klamath Lake Navigation Company, a corporation, and G. H. Woodbury to enjoin the construction of a dock or wharf between plaintiff’s property and Link River, the construction of which, it is asserted, will materially interfere with the access to and from such river to plaintiff Oliver’s property, to his injury and damage.
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Statement by Mr. Justice King. This is a suit by C. T. Oliver and the Mitchell, Lewis & Staver Company, a corporation, against the Klamath Lake Navigation Company, a corporation, and G. H. Woodbury to enjoin the construction of a dock or wharf between plaintiff’s property and Link River, the construction of which, it is asserted, will materially interfere with the access to and from such river to plaintiff Oliver’s property, to his injury and damage. Mitchell, Lewis & Staver Company’s interest herein is that of a mortgagee only, for which reason Oliver will be treated herein as the sole…
1Opinion of the CourtJustice King
But two points of law appear to be involved in this controversy, namely: Has the defendant a right as a matter of law to place a wharf in the river or lake, as the case may be; and, if not, can plaintiff maintain a suit to enjoin such obstruction?
1. We think it clearly appears from the testimony adduced that defendant only purchased the property north of Klamath street, and that it is not the owner of any realty south thereof. That this is the legal effect of the conveyances through which it appears the company deraigns title, as well as that it cannot, as a matter of law, insist upon the…
2Cases cited17 opinions
- Morris v. United StatesSupreme Court of the United States · 1899
- Potomac Steamboat Co. v. Upper Potomac Steamboat Co.Supreme Court of the United States · 1884
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Garitee v. Mayor of BaltimoreCourt of Appeals of Maryland · 1880
- Fleischner v. Citizens' Investment Co.Oregon Supreme Court · 1893
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3Cited by6 opinions
- Gibson v. CarrollCourt of Appeals of Texas · 1915
- Morse v. WhitcombOregon Supreme Court · 1909
- Coussens v. StevensCourt of Appeals of Oregon · 2005
- Rasmussen v. Walker Warehouse Co.Oregon Supreme Court · 1913
- Glen L. Olson, Inc. v. R. L. Thompson Enterprises, Inc.Oregon Supreme Court · 1988
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