Carnes v. Dalton
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Mr. Justice Eakin. This is a suit by Sam Carnes and W. A. Carnes to enjoin James Dalton from interfering with the diversion of water by plaintiffs from a company ditch, leading from North Powder River in Baker County.
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From Baker: William Smith, Judge. Statement by Mr. Justice Eakin. This is a suit by Sam Carnes and W. A. Carnes to enjoin James Dalton from interfering with the diversion of water by plaintiffs from a company ditch, leading from North Powder River in Baker County. This ditch or canal, known as the “company ditch,” is about one-half mile in length from its source to the division boxes, one of which, known as the “Kelsey tap,” conveys water to plaintiffs’ premises, being used by them as tenants in common with Kelsey. The other, known as the “Dalton tap,”' carries water claimed by defendant,…
1Opinion
Decided July 12, 1910.
On Petition for Rehearing.
[HO Pac. 174.]
2Opinion of the CourtJustice King
9. In the petition for rehearing our attention is called to McPhee v. Kelsey, 44 Or. 194 (74 Pac. 401: 75 Pac. 713), where the ditch here involved was in controversy, the petition averring it was there held that L. S. Kelsey and the successor of the elder Wilson “were the owners, or had the superior right to the amount of water which would fill the present ditch to one-half its capacity; that this respondent and his associates were entitled to the use of the other half when there was sufficient water to fill the ditch, and the…
3Cases cited2 opinions
- McPhee v. KelseyOregon Supreme Court · 1903
- McPhee v. KelseyOregon Supreme Court · 1904