Thompson v. Uglow
Oregon Supreme Court
Appeal from Polk County. This is* an action for damages alleged to have been caused by the improper use and management of a water-race, leading through the plaintiff’s land to the defendant’s flouring-mill.
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Appeal from Polk County. This is* an action for damages alleged to have been caused by the improper use and management of a water-race, leading through the plaintiff’s land to the defendant’s flouring-mill. The complaint states that the plaintiff is owner and entitled to the possession of a certain parcel of land, and that the defendant is owner of and in possession of the right of way to a narrow strip of land through said premises to be used as a mill-race, to run the flouring-mill of the defendant, and charges that the defendant wrongfully failed and neglected to keep his race in good…
1Opinion of the Court
By the Court,
Upton, C. J.:
The question principally controverted on the argument is, whether one who is entitled to construct a ditch or water-race and convey water over the lands of another, has the incidental right to use the soil adjacent to the race in making repairs. The brief of the appellant refers to numerous cases touching the obligation to repair and the right to enter for that purpose as between the owners of the dominant and servient estates, but the authorities cited do not directly decide the question here presented. No one of them furnishes a general rule by which to determine…
2Cited by13 opinions
- Ballard v. TitusCalifornia Supreme Court · 1910
- Eugene C. Walsh and Lois M. Walsh v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- Nielson v. SandbergUtah Supreme Court · 1943
- Hines v. City of NevadaSupreme Court of Iowa · 1911
- Baumbach v. PooleOregon Supreme Court · 1973
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