Monroe v. Withycombe
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice Harris. C. Gl. Monroe and 10 other natural persons together with the Sanborn Cutting Company, a corporation, in May, 1915, commenced this suit for themselves and all others similarly situated, or who might desire to join in the suit, for the purpose of preventing B. S. Farrell from constructing pound net fish-traps on the north shore of Welch’s Island in the Columbia Biver, a navigable stream.
Read the full summary
From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice Harris. C. Gl. Monroe and 10 other natural persons together with the Sanborn Cutting Company, a corporation, in May, 1915, commenced this suit for themselves and all others similarly situated, or who might desire to join in the suit, for the purpose of preventing B. S. Farrell from constructing pound net fish-traps on the north shore of Welch’s Island in the Columbia Biver, a navigable stream. The defendants are James Withycombe, I. N. Fleischner, Marion Jack, C. F. Stone and F. M. Warren, who constitute the state board of…
1Opinion of the CourtJustice Harris
For the purpose of this appeal the demurrers admit the facts alleged in the complaint, and consequently throughout the discussion it must be assumed that the complaint speaks the truth notwithstanding the fact that the plaintiffs make frequent use of the superlative degree. The Columbia Eiver is a navigable stream. The waters along the north shore of the island are “the most valuable drifting ground for gill nets and the most valuable ground for operating seines on the Columbia Eiver”; and these waters have always been “recognized as a common ground for fishing.” Fish are classified as ferae…
2Cases cited18 opinions
- Evanhoff v. State Industrial Accident CommissionOregon Supreme Court · 1915
- Harper v. GallowaySupreme Court of Florida · 1909
- State v. HammelsyOregon Supreme Court · 1908
- Hume v. Rogue River Packing Co.Oregon Supreme Court · 1907
- Commonwealth v. HiltonMassachusetts Supreme Judicial Court · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. ClarkOregon Supreme Court · 1981
- Anthony v. VeatchOregon Supreme Court · 1950
- State v. DickersonOregon Supreme Court · 2015
- State v. SavageOregon Supreme Court · 1919
- Strandholm v. BarbeyOregon Supreme Court · 1933
22 more not listed; retrieve them via the Exa API.