Boyce v. Cupper
Oregon Supreme Court
From Grant: Robert Eakin, Judge. This is a suit by Clara Boyce against H. A. Cupper to enjoin the diversion of the water of a nonnavigable stream.
Read the full summary
From Grant: Robert Eakin, Judge. This is a suit by Clara Boyce against H. A. Cupper to enjoin the diversion of the water of a nonnavigable stream. The plaintiff alleges, in substance, that she is the owner in fee of twenty acres of fruit land in Grant County, Oregon; that about 1870 her predecessor in interest diverted the water of a small stream known as “Cupper Creek,” and made a prior appropriation of alU the water thereof, which he and his successors have since constantly used in irrigating said land, until about June 12, 1898, when the defendant unlawfully diverted and appropriated the…
1Opinion of the CourtJustice Moore
1. The evidence shows that said creek is a small, nonnavigable stream which rises in the foothills of the western spur of the Blue Mountains, in Grant County, flows in a southerly direction, and empties into the north fork of the John Day River. The snow from these mountains, melting in the early spring, causes the creek to carry quite a volume of water, but as the season advances it gradually decreases, until about the middle of July, when the bed of the stream, except the lower part thereof, which is supplied by springs, usually becomes dry. About June, 1869, one Robert Ogle settled upon a…
2Cases cited10 opinions
- Roath v. DriscollSupreme Court of Connecticut · 1850
- Hanson v. McCueCalifornia Supreme Court · 1871
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
- Wimer v. SimmonsOregon Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Clark v. AllamanSupreme Court of Kansas · 1905
- Morris v. BeanU.S. Circuit Court for the District of Montana · 1906
- Gardner v. WrightOregon Supreme Court · 1907
- Smith v. DuffMontana Supreme Court · 1909
- Davis v. ChamberlainOregon Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.