Chapman v. Dean
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice Burnett. This is a suit by Winfield S. Chapman and Charles D. Moore against O. C. Dean, A. Pearson and A. Shepley, partners doing business under the firm name and style of Dean & Pearson.
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From Wasco: William L. Bradshaw, Judge. Statement by Mr. Justice Burnett. This is a suit by Winfield S. Chapman and Charles D. Moore against O. C. Dean, A. Pearson and A. Shepley, partners doing business under the firm name and style of Dean & Pearson. The plaintiffs, alleging that they are the owners in fee simple as tenants in common of a certain tract of land adjacent to the town of Hood River of which they were in possession, complain of the defendants that the latter, being the owners of and operating various boats and river craft on the waters of the Columbia River, upon which the lands…
1Opinion of the Court
Mr. JusticeBurnett
delivered the opinion of the court.
1. The defendants avow that they are constantly making use of the premises in question as a landing place, and that they will continue to do so. At the hearing they offered no proof of their alleged license to operate a ferry at that point. The attempt to claim under a prescriptive *478right existing in the public is futile, for the public cannot so acquire a right to use private property bordering on navigable water as a public landing to receive and discharge passengers and freight: Post v. Pearsall, 22 Wend. (N. Y.) 425; Thomas v. Ford, 63…
2Cases cited19 opinions
- Thomas v. FordCourt of Appeals of Maryland · 1885
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Boston & Maine Railroad v. SullivanMassachusetts Supreme Judicial Court · 1900
- Garrett v. BishopOregon Supreme Court · 1895
- Smith v. GardnerOregon Supreme Court · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Reeves v. PortaOregon Supreme Court · 1943
- Lloyd Corporation v. WhiffenOregon Supreme Court · 1989
- Linn County v. RozelleOregon Supreme Court · 1945
- Anderson v. RichardsOregon Supreme Court · 1921
- Stotts v. DichdelOregon Supreme Court · 1914
19 more not listed; retrieve them via the Exa API.