Harris v. Southeast Portland Lumber Co.

This is a suit to enjoin the defendant from maintaining a dam in Johnson Creek, a small perennial stream flowing westerly from the Cascade Mountains and emptying into the Willamette River just below Milwaukie. During freshets from heavy rains or melting snows, it sometimes carries a large quantity of water but during the summer months it carries but a small quantity. In its course it flows over the separately owned premises of the plaintiffs in a channel from six to eight feet deep and below them it flows over defendant’s premises where the dam in controversy is maintained by defendant in…