Falls City Lumber Co. v. Watkins
Oregon Supreme Court
From Polk: William Galloway, Judge. This is a suit by the Falls City Lumber Company against Cora P. Watkins a‘nd others. From a decree for plaintiff enjoining the destruction of a flume on defendants’ land, the defendant named appeals. Statement by Mr. Justice Eakin. This is a suit to enjoin the defendants from destroying or molesting a lumber flume, situated upon land of defendant, Mrs. Cora P. Watkins.
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From Polk: William Galloway, Judge. This is a suit by the Falls City Lumber Company against Cora P. Watkins a‘nd others. From a decree for plaintiff enjoining the destruction of a flume on defendants’ land, the defendant named appeals. Statement by Mr. Justice Eakin. This is a suit to enjoin the defendants from destroying or molesting a lumber flume, situated upon land of defendant, Mrs. Cora P. Watkins. In January, 1905, defendants were stockholders, and E. H. and Arthur H. Watkins were ■ officers, of the Coast Range Lumber Company, a corporation. The said company had constructed and owned,…
1Opinion of the CourtJustice Eakin
1. Plaintiff claims title to the right of way for the flume over the land in question by an implied license, viz., that at the time the Coast Range Lumber Company constructed the flume, said Smith, with knowledge thereof, consented thereto, and that such license is irrevocable. *215But this contention is not justified by the evidence or the law. Smith testifies that he did not know the flume was being built until after it was completed; that there had been some overtures, in regard to a way for the flume, by Montgomery and Watkins before it was built, but that no agreement had been reached; that…
2Cases cited8 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
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- Pifer v. BrownWest Virginia Supreme Court · 1897
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- Ewing v. RheaOregon Supreme Court · 1900
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3Cited by10 opinions
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