Legal Opinion

Warm Springs Irr. Dist. v. Pacific Live Stock Co.

Court of Appeals for the Ninth Circuit

Decided February 7, 1921No. 3602PublishedCited by 11 opinions

Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, judge. Suit by the Pacific i,ive Stock Company against the Warm Springs Irrigation District and others. From a decree in favor of plaintiff, defendants appeal.

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Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, judge. Suit by the Pacific i,ive Stock Company against the Warm Springs Irrigation District and others. From a decree in favor of plaintiff, defendants appeal. On January 30, 1920, the appellee filed in the court below its bill against the appellants setting forth the judgment that had been entered in the same court on November 22, 1919, in the condemnation suit brought by the Warm Springs irrigation district, which judgment on writ ox error this court has just reviewed (270 'Fed. 555), and…

1Opinion of the Court

GILBERT, Circuit judge

(after stating the facts as above). The appeal presents the single question whether the condemnation of the appellee's lands for a reservoir siie and the payment of the sum adjudged to he due it therefor has given to the irrigation district an absolute title to the properly or only an easement. The condemnation proceedings were had under general laws of the state of Oregon. Section 7103, Olson’s Oregon Laws, provides that in condemnation proceedings upon the pajmieut into court of the damages assessed “the court shall give judgment appropriating the lands, properties,…

2Cases cited1 opinion

  1. Pacific Postal Telegraph-Cable Co. v. Oregon & C. R.U.S. Circuit Court for the District of Oregon · 1908

3Cited by11 opinions

  1. Burnett v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1946
  2. Melvin G. Chapman and Dorothy A. Chapman v. Public Utility District No. 1 of Douglas County, Washington, a Corporation, Jack F. Nickell, Zella Nickell, David L. Nickell and Elaine Violet Nickell v. Public Utility District No. 1 of Douglas County, Washington, a CorporationCourt of Appeals for the Ninth Circuit · 1966
  3. United States ex rel. Tennessee Valley Authority v. WelchCourt of Appeals for the Fourth Circuit · 1945
  4. Pacific Live Stock Co. v. Warm Springs Irr. Dist.Court of Appeals for the Ninth Circuit · 1921
  5. Silver Bow County v. HaferMontana Supreme Court · 1975

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