Coffman v. Robbins
Oregon Supreme Court
Appeal from Umatilla County. This is a suit by the respondent to enjoin the appellant from diverting any part of a certain stream of water from respondent’s premises, and from preventing any more than one third of such flowing upon the respondent’s premises at the southeast corner of his farm, and for damages.
Read the full summary
Appeal from Umatilla County. This is a suit by the respondent to enjoin the appellant from diverting any part of a certain stream of water from respondent’s premises, and from preventing any more than one third of such flowing upon the respondent’s premises at the southeast corner of his farm, and for damages. The respondent alleges that two springs rise on the lands of appellant, the waters of which unite and form a stream which runs through the lands of Daniel Simmons to a point distant about one hundred yards south of the north boundary of Simmons’ farm, at which point the waters divide…
1Opinion of the Court
*282By the Court,
Boise, J.:
There are in this ease no legal propositions which present any difficulty. If the stream of water in controversy was running in a well-defined channel through the lands of the respective parties, they would each have a right to have it continue to flow in its natural course without diminution, except so far as the same might be legally used by each riparian proprietor, while passing through his premises, for domestic use, stock, and reasonable irrigation. But, from the evidence, it appears that this stream, before its flow was disturbed by ditches, spread out on the…
2Cited by16 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Low v. SchafferOregon Supreme Court · 1893
- Jones v. ConnOregon Supreme Court · 1901
- Bowman v. BowmanOregon Supreme Court · 1899
- Meng v. CoffeeNebraska Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.