Union Pacific Railroad Co. v. Vale, Oregon Irrigation Dist.

KILKENNY, District Judge:

Plaintiff’s first, second and third claims arise out of damage to plaintiff’s railroad right-of-way and tracks on plaintiff’s Oregon Eastern Branch (Vale to Burns, Oregon), allegedly resulting from water escaping from defendant’s irrigation canal located on a hillside above plaintiff’s right-of-way. The first and second claims demand money damages, while the third claim seeks equitable relief against continuing trespasses.

The fourth and fifth claims are for damage to plaintiff’s railroad right-of-way and tracks between railroad mileposts 3 and 4 on its Brogan Branch…