Jones v. Conn
Oregon Supreme Court
From Lake : Henry L. Benson, Judge. This is a suit by Geo. Joues and others against Geo. Conn to enjoin him from diverting the waters of Chewaucan River through a ditch recently constructed by him. The plaintiffs are riparian proprietors on the river, and the owners in severalty of divers tracts of arid land, aggregating several thousand acres. These lands are level, and, when irrigated, very fertile, but valueless without.
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From Lake : Henry L. Benson, Judge. This is a suit by Geo. Joues and others against Geo. Conn to enjoin him from diverting the waters of Chewaucan River through a ditch recently constructed by him. The plaintiffs are riparian proprietors on the river, and the owners in severalty of divers tracts of arid land, aggregating several thousand acres. These lands are level, and, when irrigated, very fertile, but valueless without. The defendant is an upper riparian proprietor, owning eight hundred and seventy-five acres, through which the river flows a distance of one and three fourths to two miles,…
1Opinion of the Court
. Mr. Chief Justice Bean,
after stating the case in the foregoing language, delivered the opinion.
1. This is a controversy between riparian proprietors upon a natural watercourse. There is virtually but one question involved in the case, and that is whether the lands which the defendant seeks to irrigate are riprarian in character. It is practically conceded that up to the commencement of the suit the plaintiffs had not been substantially injured or damaged on account of the use of the water by the defendant, and, as a consequence, are not entitled to an injunction if the lands are riparian ;…
2Cases cited22 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Bathgate v. IrvineCalifornia Supreme Court · 1899
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
- Benton v. JohncoxWashington Supreme Court · 1897
- Low v. SchafferOregon Supreme Court · 1893
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Hough v. PorterOregon Supreme Court · 1909
- In re Willow CreekOregon Supreme Court · 1914
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Watkins Land Co. v. ClementsTexas Supreme Court · 1905
- Clark v. AllamanSupreme Court of Kansas · 1905
31 more not listed; retrieve them via the Exa API.