Britt v. Reed
Oregon Supreme Court
From Jackson: Henry L. Benson, Judge. Tbis is a suit by Peter Britt and others against C. D: Reed, to restrain the defendant from diverting or. using any of the waters of Jackson Creek, or either of its branches, when such use will interfere with plaintiffs’ right to take and use five inches thereof through a ditch owned by them.
Read the full summary
From Jackson: Henry L. Benson, Judge. Tbis is a suit by Peter Britt and others against C. D: Reed, to restrain the defendant from diverting or. using any of the waters of Jackson Creek, or either of its branches, when such use will interfere with plaintiffs’ right to take and use five inches thereof through a ditch owned by them. The facts are that in 1853 the grantors and predecessors in interest of the plaintiffs constructed a ditch from a point on Jackson Creek, a short distance below where it forks, down to and upon the several tracts of land in the City of Jacksonville now owned and…
1Opinion of the Court
Mr. Justice Bean,
after stating the facts., delivered the opinion of the court.
That the right of the plaintiffs to the use of five inches of the waters of Jackson Creek is prior in time and in right to that of the defendant is clearly shown by the testimony, and is substantially uneontroverted. The defendant contends, however, that the quantity of water used by him was so insignificant that it did not injuriously affect the plaintiffs, and that he had a right to use such water (1) as a riparian proprietor, and (2) by adverse possession or prescription.
1. The quantity of water used by the…
2Cases cited8 opinions
- McCall v. PorterOregon Supreme Court · 1902
- North Powder Milling Co. v. CoughanourOregon Supreme Court · 1898
- Bowman v. BowmanOregon Supreme Court · 1899
- Carson v. HayesOregon Supreme Court · 1901
- Boyce v. CupperOregon Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gardner v. WrightOregon Supreme Court · 1907
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
- Henderson v. GoforthSouth Dakota Supreme Court · 1914
- Wellsville East Field Irr. Co. v. Lindsay Land & Livestock Co.Utah Supreme Court · 1943
- Campbell v. Wyoming Development Co.Wyoming Supreme Court · 1940
2 more not listed; retrieve them via the Exa API.