Phipps v. Rogue River Valley Canal Co.
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Department 1. Statement by Me. Chief Justice Moore. The Rogue River Valley Canal Company, a corporation, .commenced actions in the Circuit Court of the State of Oregon for Jackson County, against Ala R. Phipps and her sons and daughters, to condemn a right of way for an irrigating ditch.across tracts of land owned by them in severalty in the northwest part of the City of Medford.
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From Jackson: Frank M. Calkins, Judge. Department 1. Statement by Me. Chief Justice Moore. The Rogue River Valley Canal Company, a corporation, .commenced actions in the Circuit Court of the State of Oregon for Jackson County, against Ala R. Phipps and her sons and daughters, to condemn a right of way for an irrigating ditch.across tracts of land owned by them in severalty in the northwest part of the City of Medford. The defendants in that action, having filed answers therein, also as plaintiffs instituted this suit in equity, in the nature of a cross-bill, to enjoin the maintenance of such…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.. The evidence shows that Bear Creek, a non-navigable stream from which the defendant’s proposed irrigating ditch is designed to divert water, flows northerly through Jackson County. This stream receives the sewage of Ashland, Talent, Phoenix and Medford, and the street litter and compost of the latter city also are discharged by storm sewers into the creek. The rains and melting snow on the mountains keep up quite a volume of water in Bear Creek until the warm weather dries up that stream in most places, leaving, however, pools of stagnant water and sand and…
2Cases cited4 opinions
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- Bernard v. Willamette Box & Lumber Co.Oregon Supreme Court · 1913
- Esson v. WattierOregon Supreme Court · 1893
- Richards v. DaughertySupreme Court of Alabama · 1901
3Cited by21 opinions
- Thornburg v. Port of PortlandOregon Supreme Court · 1962
- Litteral v. Woods, JudgeCourt of Appeals of Kentucky (pre-1976) · 1928
- Tomasek v. Oregon State Highway CommissionOregon Supreme Court · 1952
- Morrison v. Clackamas CountyOregon Supreme Court · 1933
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
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