Brosnan v. Boggs
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. The original complaint in this cause was against Ivers, Boggs, Dolan and Gombert. A demurrer to that pleading was sustained and the plaintiff amended, making only Ivers and Boggs defendants.
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From Malheur: Dalton Biggs, Judge. In Banc. The original complaint in this cause was against Ivers, Boggs, Dolan and Gombert. A demurrer to that pleading was sustained and the plaintiff amended, making only Ivers and Boggs defendants. After alleging his rightful possession of certain realty in Malheur County the plaintiff declares in substance that he has an adjudicated right to a certain portion of the water flowing in Willow Creek, dating from the year 1872, for 192.68 acres of said land, which water he has used in producing crops and pasturage on the land. He says also that both Ivers and…
1Opinion of the CourtBurnett, C. J.
The first two points suggested by Boggs in his brief are these: (1) “Since appellant took no water except that delivered to him by the water-master, he is not liable for any damages sustained by the plaintiff”; and (2) “The court erred in refusing to instruct the jury that the defendant had a right to construct dams in Willow Creek in order to divert water.” It will be noted that Boggs does not plead any right in himself to the water, but says only that he took what the water-master gave him. In substance this is like the plea of Adam when accused of eating the forbidden fruit: “The woman…
2Cases cited3 opinions
- Low v. RizorOregon Supreme Court · 1894
- Boyce v. CupperOregon Supreme Court · 1900
- Pacific Export Co. v. North Pacific Lumber Co.Oregon Supreme Court · 1905
3Cited by15 opinions
- Wills v. MorrisMontana Supreme Court · 1935
- Norwood v. Eastern Oregon Land Co.Oregon Supreme Court · 1931
- State v. PooleOregon Supreme Court · 1939
- American Exchange Nat. Bank of Dallas v. KeeleyCourt of Appeals of Texas · 1931
- Popham v. HolloronMontana Supreme Court · 1929
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