Miller v. City of Woodburn

Plaintiff earnestly contends that the court should have directed a verdict in his favor. His particular grievance is that, by reason of the acts of the defendant in increasing the flowage of waters in Ferrier Creek, he lost the use and rental of certain lands which he had intended to reclaim and let for the purpose of agriculture and horticulture.

Plaintiff is a riparian owner and is of course entitled to the rights and privileges of such owner. It is likewise the defendant’s right and privilege to make reasonable use of that slow, sluggish stream called Ferrier Creek. However, a municipal…