Mills v. Learn
Oregon Supreme Court
Appeal from Douglas County. The complaint alleges that a properly established highway runs through plaintiff’s premises, and that the Umpqua river crosses said highway on those premises; that defendant properly obtained a license to keep a ferry across that river, and the injuries complained of are that defendant used the banks of the TJnxpqiia river, within the lines of the public road, as places for landing from his ferry boats, and for tying’ up the same, without first…
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Appeal from Douglas County. The complaint alleges that a properly established highway runs through plaintiff’s premises, and that the Umpqua river crosses said highway on those premises; that defendant properly obtained a license to keep a ferry across that river, and the injuries complained of are that defendant used the banks of the TJnxpqiia river, within the lines of the public road, as places for landing from his ferry boats, and for tying’ up the same, without first obtaining permission; and wrongfully and unlawfully continued and threatened to continue so to use the said banks ; that…
1Opinion of the CourtWilson, J.
At the December term, 1853, in the case of Grant v. Drew, 1 Oregon R., 35, the Supreme Court of Oregon territory decided several questions which arise in this case. Under the law then, the proprietor of the land adjoining or embracing any water course, over which a ferry might be established, had the preference, if he made application, over others, to keep the ferry. The present law, Code, 869, section 42, declares not only a similar preference, but that no license shall issue to another unless, after notice of such application in writing, given to the riparian owner at least ten days prior…
2Cases cited1 opinion
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3Cited by2 opinions
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