Smith v. Silverton
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 2. Statement by Mr. Justice Eakin. This is a suit by Andrew C. Smith, C. J. Smith, E. A. Pierce, Alfred Kinney, "W. B. Morse, E. B. Pichel and Calvin S. "White, constituting the State Board of Health of the State of Oregon, against the City of Silverton, to enjoin said city from casting its sewage and drainage into Silver Creek.
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From Marion: William Galloway, Judge. Department 2. Statement by Mr. Justice Eakin. This is a suit by Andrew C. Smith, C. J. Smith, E. A. Pierce, Alfred Kinney, "W. B. Morse, E. B. Pichel and Calvin S. "White, constituting the State Board of Health of the State of Oregon, against the City of Silverton, to enjoin said city from casting its sewage and drainage into Silver Creek. This stream flows through the said city, and during the month of August contains a flow of about 35 second-feet of water running therefrom through a thickly populated agricultural country. It is crossed below the city…
1Opinion of the CourtJustice Eakin
One of the defenses to the suit is that the present sewer system is a great improvement upon the offensive surroundings and unsanitary conditions existing prior to the construction of the sewer; but that does not affect the questions involved. The issue is as to whether the present sewer system is a menace to the lives and health of the citizens in the vicinity of the *381stream. There is very little testimony upon this question, except as to the pollution of the water, and that is only opinions of witnesses and no proof of the extent to which the water is used or the effect of such use.
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2Cases cited13 opinions
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Grey ex rel. Simmons v. Mayor of PatersonSupreme Court of New Jersey · 1900
- City of Valparaiso v. HagenIndiana Supreme Court · 1899
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3Cited by5 opinions
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
- City of Norwood v. SheenOhio Supreme Court · 1933
- East St. Johns Shingle Co. v. City of PortlandOregon Supreme Court · 1952
- City of Frankfort v. SlipherIndiana Court of Appeals · 1928
- State Sanitary Authority v. Pacific Meat Co.Oregon Supreme Court · 1961