Esson v. Wattier
Oregon Supreme Court
Appeal from Marion: Geo. H. Burnett, Judge. This is a suit by Alexander Esson against Vallier Wattier to enjoin the defendant from constructing a dam across Big Pudding River, in Marion County.
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Appeal from Marion: Geo. H. Burnett, Judge. This is a suit by Alexander Esson against Vallier Wattier to enjoin the defendant from constructing a dam across Big Pudding River, in Marion County. The facts show that plaintiff owns and resides upon a tract of land containing about three hundred and twenty acres, the southern boundary of which, at the nearest point, and about four fifths of a mile above defendant’s dam, is separated from the river by a bank about eight feet wide.' Poison Lake, a low, marshy tract, lies east of, and partly upon, plaintiff’s land, from which a creek flows…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. Plaintiff’s first contention is that Big Pudding River is a public navigable stream; that the erection of a dam across it creates a nuisance to prevent which he is entitled to the interposition of a court of equity. A court of equity will restrain a nuisance when it appears that the complainant will sustain irreparable injury, or be compelled to resort to a multiplicity of actions to recover damages for a continued existence thereof: Bassett v. Salisbury Mfg. Co. 43 N. H. 249. To entitle the plaintiff, however, to such relief, he must allege and show that he has…
2Cases cited3 opinions
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Wilson v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Luhrs v. SturtevantOregon Supreme Court · 1882
3Cited by18 opinions
- Griffith v. HolmanWashington Supreme Court · 1900
- Fleischner v. Citizens' Investment Co.Oregon Supreme Court · 1893
- Duester v. AlvinOregon Supreme Court · 1915
- Suko v. Northwestern Ice & Cold Storage Co.Oregon Supreme Court · 1941
- City of Tucson v. O'Rielly Motor Co.Arizona Supreme Court · 1946
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