Boulevard Drainage System v. Gordon
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. Plaintiff, a corporation, being the owner of a drainage ditch, constructed for the purpose of taking care of the excess water which might accumulate upon the lands of its several stockholders as a result of irrigation, instituted this suit to restrain the defendants from emptying the excess waters arising from the irrigation of their lands, into such ditch.
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From Malheur: Dalton Biggs, Judge. In Banc. Plaintiff, a corporation, being the owner of a drainage ditch, constructed for the purpose of taking care of the excess water which might accumulate upon the lands of its several stockholders as a result of irrigation, instituted this suit to restrain the defendants from emptying the excess waters arising from the irrigation of their lands, into such ditch. The complaint, after the usual formal recitals, alleges that defendants, their agents, employees and tenants, have for more than two years past been draining their excess irrigation waters into…
1Opinion of the CourtBenson, J.
Defendants’ first proposition is, that their demurrer to the complaint should have been sustained, for the reason that no facts are therein alleged disclosing any irreparable injury. In support of this contention, they rely upon Moore v. Halliday, 43 Or. 243 (72 Pac. 801, 99 Am. St. Rep. 724), and Wolfer v. Hurst, 50 Or. 218 (91 Pac. 366). These cases appear to sustain the position maintained by defendants, but in Chapman v. Dean, 58 Or. 475-479 (115 Pac. 154, 155), we find this language:
“The principal question in the case is whether injunction will lie to prevent continued trespass.…
2Cases cited10 opinions
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- Garrett v. BishopOregon Supreme Court · 1895
- Chapman v. DeanOregon Supreme Court · 1911
- Smith v. GardnerOregon Supreme Court · 1885
- Moore v. HallidayOregon Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ure v. United StatesDistrict Court, D. Oregon · 1950
- O'Hare v. JohnsonMontana Supreme Court · 1944
- Union Pacific Railroad Co. v. Vale, Oregon Irrigation Dist.District Court, D. Oregon · 1966
- Renken v. Harvey Aluminum (Incorporated)District Court, D. Oregon · 1963
- Norwood v. Eastern Oregon Land Co.Oregon Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.