Moss v. Rose
Oregon Supreme Court
Appeal from Malheur: Morton D. Clifford, Judge. This is a suit by Arthur J. and Alvin S. Moss to enjoin Wm. A. Rose from obstructing the flow of water in a ditch constructed across his lands.
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Appeal from Malheur: Morton D. Clifford, Judge. This is a suit by Arthur J. and Alvin S. Moss to enjoin Wm. A. Rose from obstructing the flow of water in a ditch constructed across his lands. The facts are that in November, eighteen hundred and eighty-one, the defendant settled on an arid tract of public land and that prior thereto the plaintiffs had settled on adjoining tracts; that said lands were thereafter surveyed and patents duly issued therefor as follows: To the plaintiff, Alvin S. Moss, for the northeast quarter of section twenty-nine; to the plaintiff, Arthur J. Moss, for the north…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. A careful examination of the evidence leads us to the conclusion that the court very properly found that there was an agreement, by the terms of which the plaintiffs, in consideration of their labor and expense in constructing the ditch, should have the right to appropriate one half the water conducted therein, for the purpose of irrigating their lands; and hence the principal question to be considered is whether the defendant, by not appropriating the water till eighteen hundred and ninety, had abandoned all his interests therein. The ditch having been…
2Cases cited3 opinions
- Mining Co. v. TaylorSupreme Court of the United States · 1879
- Lessee of Clymer v. DawkinsSupreme Court of the United States · 1845
- Gunter v. LaffanCalifornia Supreme Court · 1857
3Cited by14 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Hall v. BlackmanIdaho Supreme Court · 1902
- Canyon View Irrigation Co. v. Twin Falls Canal Co.Idaho Supreme Court · 1980
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