Mendenhall v. Harrisburg Water Co.
Oregon Supreme Court
Appeal from Linn: Geo. H. Burnett, Judge. This is a suit by Ella H. Mendenhall to enjoin the Harrisburg Water Power Company from taking possession of land belonging to the plaintiff, and cutting timb >r and enlarging a ditch thereon, without first having it condemned for that purpose.
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Appeal from Linn: Geo. H. Burnett, Judge. This is a suit by Ella H. Mendenhall to enjoin the Harrisburg Water Power Company from taking possession of land belonging to the plaintiff, and cutting timb >r and enlarging a ditch thereon, without first having it condemned for that purpose. The facts are that one Jason S. Clark, in eighteen hundred and fifty-two, and the year following, built a dam in a branch of the Willamette River, and dug a ditch therefrom across the lands now owned by the plaintiff, and conducted water therein to operate his mill, and on October twelfth, eighteen hundred and…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. It is contended that the court, by refusing to allow the defendant to file its amended answer, abused its discretion. The plaintiff alleged in her complaint that the defendant had a right of way across her lands, and the use of the ditch thereon, which was admitted in the answer. The only issue upon the question was as to the width of the tract subject to the right, and hence it was immaterial from whom the defendant obtained it. The transcript shows that objection was made to the introduction of evidence tending to show an adverse user outside of the reserved…
2Cases cited3 opinions
- Smith v. GardnerOregon Supreme Court · 1885
- Chicago, Burlington & Quincy R'y Co. v. Porter Bros.Supreme Court of Iowa · 1887
- Cook v. CroisanOregon Supreme Court · 1894
3Cited by33 opinions
- Bishop v. BaisleyOregon Supreme Court · 1895
- Garrett v. BishopOregon Supreme Court · 1895
- Micelli v. AndrusOregon Supreme Court · 1912
- Chapman v. DeanOregon Supreme Court · 1911
- Moore v. HallidayOregon Supreme Court · 1903
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