Bernard v. Willamette Box & Lumber Co.
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Moore. This is a suit by Charles Bernard, against The Willamette Box & Lumber Company, a corporation, to prevent and remove an alleged public nuisance and recover damages asserted to have been caused by the inconvenience.
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From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Moore. This is a suit by Charles Bernard, against The Willamette Box & Lumber Company, a corporation, to prevent and remove an alleged public nuisance and recover damages asserted to have been caused by the inconvenience. The complaint charges generally that the defendant is a private corporation engaged in manufacturing lumber and boxes at Linnton, Oregon; that on June 3, 1893, the plaintiff secured the legal title to and is now the owner of lots 3 and 4, in block 26, as indicated on the recorded plat of that town; that these…
1Opinion of the CourtJustice Moore
1. It is maintained that for the redress of the injuries alleged the plaintiff had ah adequate remedy at law, and, such being the case, an error was committed in overruling the demurrer. The statute declares that in all cases where there is not a plain, adequate, and complete remedy at law the protection of a private right or the prevention of or redress for an injury thereto shall be by a suit in equity. Section 389, L. O. L. The obstruction of a highway is a crime, and upon conviction thereof a sentence of imprisonment or a fine may be imposed. Section 2210, L. O. L. The remedy thus…
2Cases cited18 opinions
- Dudley & Carpenter v. Hurst, Miller & Co.Court of Appeals of Maryland · 1887
- Fisher v. ZumwaltCalifornia Supreme Court · 1900
- Fleischner v. Citizens' Investment Co.Oregon Supreme Court · 1893
- Commonwealth v. Pittsburgh & Connellsville RailroadSupreme Court of Pennsylvania · 1855
- Whaley v. WilsonSupreme Court of Alabama · 1896
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hughes v. State of OregonOregon Supreme Court · 1992
- Litteral v. Woods, JudgeCourt of Appeals of Kentucky (pre-1976) · 1928
- Duester v. AlvinOregon Supreme Court · 1915
- Lowell v. Pendleton Auto Co.Oregon Supreme Court · 1927
- Phipps v. Rogue River Valley Canal Co.Oregon Supreme Court · 1916
14 more not listed; retrieve them via the Exa API.