Adams v. Clover Hill Farms
Oregon Supreme Court
From Columbia: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Bean. This is a suit brought by the plaintiff, Albert Adams, against the Clover Hill Farms, a corporation, to enjoin the maintenance of a nuisance. From a decree in favor of the plaintiff granting the injunction and allowing damages in the sum of $300, the defendant appeals.
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From Columbia: James A. Eakin, Judge. Department 1. Statement by Mr. Justice Bean. This is a suit brought by the plaintiff, Albert Adams, against the Clover Hill Farms, a corporation, to enjoin the maintenance of a nuisance. From a decree in favor of the plaintiff granting the injunction and allowing damages in the sum of $300, the defendant appeals. Plaintiff owns and resides upon a farm of 531 acres upon which he feeds about 75 head of beef cattle during a portion of the year. Adjoining his land on the south defendant owns and operates a dairy farm of about 400 acres, upon which a modern…
1Opinion of the CourtJustice Bean
1. There are two large volumes of testimony in the case from a reading of which we are satisfied that the evidence warrants an injunction of the deposit in the *143marsh. There is much dispute as to whether the swale should be designated as a stream. This does not aid in the matter: See Thomas v. Concordia Cannery Co., 68 Mo. App. 350. There has been an effort on the part of the defendant to remedy the prevailing conditions in the swamp which has been successful to a certain extent. Defendant contends that the nuisance, if any, has been abated. Formerly all the refuse washed from the barn was…
2Cases cited5 opinions
- Ulmen v. Town of Mt. AngelOregon Supreme Court · 1911
- Bourne v. Wilson-Case Lumber Co.Oregon Supreme Court · 1911
- Perry v. Howe Co-operative Creamery Co.Supreme Court of Iowa · 1904
- Templeton v. WilliamsOregon Supreme Court · 1911
- Thomas v. Concordia, Cannery Co.Missouri Court of Appeals · 1897
3Cited by5 opinions
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
- In Re Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1931
- United States v. FirchauOregon Supreme Court · 1963
- Kramer v. SweetOregon Supreme Court · 1946
- Miller v. City of WoodburnOregon Supreme Court · 1928