Union Power Co. v. Lichty
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This is a suit by the Union Light & Power Co. against John Lichty to restrain the defendant from interfering with the natural flow of the waters of Silver Creek, a stream rising in the Cascade Mountains, flowing westerly, and emptying into Pudding River; and though it is narrow, and the flow of its waters impeded by many bowlders, yet in the rainy season it affords a sufficient volume of water to float saw logs to market, which cannot…
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From Marion: Reuben P. Boise, Judge. This is a suit by the Union Light & Power Co. against John Lichty to restrain the defendant from interfering with the natural flow of the waters of Silver Creek, a stream rising in the Cascade Mountains, flowing westerly, and emptying into Pudding River; and though it is narrow, and the flow of its waters impeded by many bowlders, yet in the rainy season it affords a sufficient volume of water to float saw logs to market, which cannot usually be done-in the dry season. The plaintiff, a private corporation, is a riparian proprietor on the creek, the waters…
1Opinion of the CourtChief Justice Moore
It is contended by plaintiff’s counsel that Silver Creek is navigable for logs only in the winter, and that defendant has no right in the dry season to retard the natural flow of water to facilitate the transportation of his logs, when by so doing injury results to their client, and hence the court erred in dismissing the suit. It is maintained by defendant’s counsel, however, that plaintiff has a plain, adequate, and complete remedy at law for the recovery of damages for the injury sustained, and hence the extraordinary power of a court of equity cannot be invoked for his relief, for which…
2Cases cited5 opinions
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
- State v. KnightenOregon Supreme Court · 1901
- Smith v. GardnerOregon Supreme Court · 1885
- Willis v. CrawfordOregon Supreme Court · 1901
- Love v. MorrillOregon Supreme Court · 1890
3Cited by12 opinions
- Bernard v. Willamette Box & Lumber Co.Oregon Supreme Court · 1913
- Kamm v. NormandOregon Supreme Court · 1907
- Flinn v. VaughnOregon Supreme Court · 1910
- Mashburn v. St. Joe Improvement Co.Idaho Supreme Court · 1910
- State v. SmallOregon Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.