MacRae v. Small
Oregon Supreme Court
From Grant: Morton D. Clifford, Judge. . Suit for an injunction, resulting in a decree for defendant, from which this appeal is taken. •
1Opinion of the CourtJustice Moore
This is a suit by Kenneth F. MacRae against James Small to enjoin interference with the flow of water in a ditch to plaintiff’s premises, and to recover damages for intermeddling therewith, his right being based on an alleged appropriation, and also on a prescriptive use. The answer denies the material allegations of the complaint, and avers that the defendant’s predecessor in interest made a prior appropriation of all the water in question in 1870, which quantity had ever since been used in irrigating the lands now owned by the defendant. The reply admits that defendant’s predecessor…
2Cases cited3 opinions
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1898
- Water Supply & Storage Co. v. Larimer & Weld Irrigaton Co.Supreme Court of Colorado · 1897
- McPhail v. ForneyWyoming Supreme Court · 1894
3Cited by8 opinions
- Nielson v. SandbergUtah Supreme Court · 1943
- Rabido v. FureyIdaho Supreme Court · 1920
- Morgan v. UdyIdaho Supreme Court · 1938
- Harris v. Southeast Portland Lumber Co.Oregon Supreme Court · 1927
- Frost v. PenfoldIdaho Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.