Brown v. McCloud
Oregon Supreme Court
From Harney: Dalton Biggs, Judge. In Banc. This is an action for damages on account of trespass by defendant’s sheep. For about thirty years plaintiff has been engaged in the sheep business in Harney County, Oregon, and is the owner of 560 acres of unfenced pasture land situated about 75 miles south of Burns, Harney County, in what is known as the “Steen’s Mountain Country.” The complaint is in the usual form.
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From Harney: Dalton Biggs, Judge. In Banc. This is an action for damages on account of trespass by defendant’s sheep. For about thirty years plaintiff has been engaged in the sheep business in Harney County, Oregon, and is the owner of 560 acres of unfenced pasture land situated about 75 miles south of Burns, Harney County, in what is known as the “Steen’s Mountain Country.” The complaint is in the usual form. The answer consists of a denial of the averments of the complaint, except as to the ownership of the land. The testimony indicated that in 1917, there was growing upon the plaintiff’s…
1Opinion of the CourtBean, J.
1. It is contended by defendant that plaintiff did not show what, if any, damage was done to his land by defendant’s sheep. This contention is not supported by the record. The plaintiff, testifying in his own behalf, stated in regard to this point that in the latter part of September, 1917, the grass was all eaten off the land; that the sheep had bedded there; and that he placed the reasonable market value of the growing grass on the land for that year at $500 or $600.
John Mason, a witness for plaintiff, testified that he tended camp for one B. B. Clark, a sheepman who was running sheep on…
2Cases cited7 opinions
- Barter v. County of PimaArizona Supreme Court · 1886
- Bileu v. PaisleyOregon Supreme Court · 1889
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- Strickland v. GeideOregon Supreme Court · 1897
- French v. CresswellOregon Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Buck v. MuellerOregon Supreme Court · 1960
- Brenneman v. Auto-Teria, Inc.Oregon Supreme Court · 1971
- Kendrick v. HealyWyoming Supreme Court · 1920
- Harmony Ditch Co. v. SweeneyWyoming Supreme Court · 1924
- Carlson v. SteinerOregon Supreme Court · 1950
9 more not listed; retrieve them via the Exa API.