Brown v. Gold Coin Mining Co.
Oregon Supreme Court
From Baker: Samuel White, Judge. Statement by Mr. Justice Moore. This is a suit by A. P. Brown against the Gold Coin Mining Company, a private corporation, to enjoin the pollution of the water of a stream and from interfering with the flow thereof. The plaintiff is the owner of the S. % of the N W. and the E. of the S. W. ^ of section 22 in township 12 S., of range 43 E. of the Willamette Meridian, which is arid land.
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From Baker: Samuel White, Judge. Statement by Mr. Justice Moore. This is a suit by A. P. Brown against the Gold Coin Mining Company, a private corporation, to enjoin the pollution of the water of a stream and from interfering with the flow thereof. The plaintiff is the owner of the S. % of the N W. and the E. of the S. W. ^ of section 22 in township 12 S., of range 43 E. of the Willamette Meridian, which is arid land. Rith Creek, a nonnavigable stream, flows easterly and forms, in the south 40 acres of such land, a confluence with Shirt Tail Creek, which latter stream flows northeasterly and…
1Opinion of the CourtJustice Moore
1. The testimony given at the trial shows that the defendant in excavating three terraces on a side hill for the foundations of its mill, placed the rocks and earth so removed in the bed *280of Ritli Creek, intending to form a dam to retain the tailings. H. J. Stillman, who constructed the dam, testifying as to its dimensions, says it was about 50 feet long, extending across the creek, 30 feet wide, and 8 or 10 feet high and backed the water about 100 feet. The boughs of some trees were used in making the dam, and referring thereto the witness, C. M. Foster, a civil engineer, was asked this…
2Cases cited9 opinions
- North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898
- Garrett v. BishopOregon Supreme Court · 1895
- Hallock v. SuitorOregon Supreme Court · 1900
- Carson v. HayesOregon Supreme Court · 1901
- McPhee v. KelseyOregon Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. LelandOregon Supreme Court · 1951
- State v. NussbaumOregon Supreme Court · 1971
- State v. McDonaldOregon Supreme Court · 1961
- Salem Mfg. Co. v. First American Fire Ins.Court of Appeals for the Ninth Circuit · 1940
- State v. CasedayOregon Supreme Court · 1911
17 more not listed; retrieve them via the Exa API.