Sherred v. City of Baker
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Me. Justice Burnett. This is a suit by Florence L. Sherred against the City of Baker, a municipal corporation, Chas. L. Palmer, mayor commissioner of the City of Baker, a municipal corporation; Anderson Finley, commissioner of department No. 2 of the City of Baker, a municipal corporation, and George W. Henry, commissioner of department No. 3 of the City of Baker, a municipal corporation.
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From Baker: William Smith, Judge. Statement by Me. Justice Burnett. This is a suit by Florence L. Sherred against the City of Baker, a municipal corporation, Chas. L. Palmer, mayor commissioner of the City of Baker, a municipal corporation; Anderson Finley, commissioner of department No. 2 of the City of Baker, a municipal corporation, and George W. Henry, commissioner of department No. 3 of the City of Baker, a municipal corporation. The essence of the complaint is that the defendant city, a municipal corporation, about the year 1900, for the purpose of ultimately increasing its water…
1Opinion of the CourtJustice Buknett
The priority and superiority of the defendant city’s right to use the water when it can use it being conceded by the plaintiff, the question is whether or not the leasing of the waters of Goodrich Creek to her neighbors is such a use by the city as will prevent the plaintiff from applying to her arid land, named in the complaint, the amount of water from that source permitted by the State Engineer. The plaintiff asks us to hold the defendant to the principle that the measure of the right of a water user is the actual beneficial use to which he puts the water, and that, although such person…
2Cases cited4 opinions
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
- Mann v. ParkerOregon Supreme Court · 1906
- McCoy v. HuntleyOregon Supreme Court · 1911
- Cantrall v. Sterling Mining Co.Oregon Supreme Court · 1912
3Cited by8 opinions
- In re Willow CreekOregon Supreme Court · 1914
- Higday v. NickolausMissouri Court of Appeals · 1971
- Klamath Irrigation District v. United StatesUnited States Court of Federal Claims · 2005
- City of Salem v. Oregon-Washington Water Service Co.Oregon Supreme Court · 1933
- In re North Powder RiverOregon Supreme Court · 1914
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