Logan v. Spaulding Logging Co.
Oregon Supreme Court
From Polk: Harry H. Belt, Judge. In Bane. This is a suit to declare null and void an order of the Public Service Commission granting to the defendant, The Charles K. Spaulding Logging Company, a franchise for the improvement and use of the Luckiamute River for floating logs and other forest products thereon, and to restrain the defendant logging company from increasing or decreasing the natural flow of the water in the river, or in any manner interfering with plaintiff’s…
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From Polk: Harry H. Belt, Judge. In Bane. This is a suit to declare null and void an order of the Public Service Commission granting to the defendant, The Charles K. Spaulding Logging Company, a franchise for the improvement and use of the Luckiamute River for floating logs and other forest products thereon, and to restrain the defendant logging company from increasing or decreasing the natural flow of the water in the river, or in any manner interfering with plaintiff’s property or water rights. A demurrer to the complaint was filed by the Public Service Commission, which being sustained by…
1Opinion of the CourtBenson, J.
For fifty years the plaintiff and his predecessors in interest have been the owners of a tract of land through, which the Luckiamute River flows, and upon which, during all of that time, there has been maintained and operated a grist-mill, for which the power is obtained by a dam across the river, using the waters of the stream, by means of turbine wheels, to drive the machinery of the mill. For twenty years past the stream has been used also by the defendant and others for floating logs and other forest products. In this connection the defendant maintains two dams across the river, one being…
2Cases cited5 opinions
- Kamm v. NormandOregon Supreme Court · 1907
- Flinn v. VaughnOregon Supreme Court · 1910
- Union Power Co. v. LichtyOregon Supreme Court · 1903
- Trullinger v. HoweOregon Supreme Court · 1908
- Sears v. KincaidOregon Supreme Court · 1898
3Cited by7 opinions
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Hitchings v. Del Rio Woods Recreation & Park DistrictCalifornia Court of Appeal · 1976
- NORTHWEST STEELHEADERS ASS'N v. SimantelCourt of Appeals of Oregon · 2005
- Clark v. Pigeon River Improvement Slide & Boom Co.Court of Appeals for the Eighth Circuit · 1931
- De Armond v. MoonOregon Supreme Court · 1927
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