Mallett v. Taylor
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice McBride. This is a suit brought by C. W. Millett against S. F. Taylor, as administrator of the estate of A. A. Brown, deceased, to restrain defendant from negligently permitting water used by him in irrigating his land to eseape by overflow and percolation on or into the adjoining lands of plaintiff, whereby it was alleged that plaintiff’s lands were rendered too wet and swampy for cultivation and the usefulness…
Read the full summary
From Malheur: Dalton Biggs, Judge. Statement by Mr. Justice McBride. This is a suit brought by C. W. Millett against S. F. Taylor, as administrator of the estate of A. A. Brown, deceased, to restrain defendant from negligently permitting water used by him in irrigating his land to eseape by overflow and percolation on or into the adjoining lands of plaintiff, whereby it was alleged that plaintiff’s lands were rendered too wet and swampy for cultivation and the usefulness thereof for cropping purposes destroyed. The complaint, which is too voluminous for insertion here, was met by denials…
1Opinion of the CourtJustice McBride
The evidence in the case is somewhat contradictory, but upon the whole we are of the opinion that that produced by plaintiff is based upon more accurate data and that the findings of fact made by the Circuit Court are correct; and they are therefore adopted as the findings of this court. From these findings it appears that plaintiff and defendant are adjoining land owners,' and that a portion of defendant’s land is situated on a somewhat higher elevation than a tract of plaintiff’s land adjacent thereto; that in irrigating his land defendant does it in such a careless manner that the waste…
2Cases cited14 opinions
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Wilson v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Fleming v. LockwoodMontana Supreme Court · 1907
- City of Denver v. MullenSupreme Court of Colorado · 1884
- Howell v. Big Horn Basin Colonization Co.Wyoming Supreme Court · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
- Christianson v. Snohomish Health Dist.Washington Supreme Court · 1997
- Patterson v. Horsefly Irrigation DistrictOregon Supreme Court · 1937
- Suko v. Northwestern Ice & Cold Storage Co.Oregon Supreme Court · 1941
- Kall v. CarruthersCalifornia Court of Appeal · 1922
9 more not listed; retrieve them via the Exa API.