Shaw v. Proffitt
Oregon Supreme Court
From Union: John W. Knowles, Judge. This is a suit by John Shaw against T. N. Proffitt and Joe Carter enjoining defendants from in any manner interfering with a certain canal or ditch built by plaintiff across the lands of defendants, under an irrevocable license. From a decree in favor of plaintiff, defendants have appealed.
1DissentJustice King
delivered the following dissenting opinion.
I am unable to agree with the conclusion reached in the foregoing opinion, and am not in accord with all of the views expressed. I therefore feel impelled to give in part at least my reasons therefor.
The complaint pleads a license only, and no other claim by either of the parties has been made in their briefs or at the oral argument. I recognize the possibility of the eminent counsel for the respective parties being mistaken in this respect, but I am of the opinion that their position is not open to serious doubt. The only averment in the complaint…
2Cases cited9 opinions
- Baldwin v. TaylorSupreme Court of Pennsylvania · 1895
- Haines v. City of Forest GroveOregon Supreme Court · 1909
- McPhee v. KelseyOregon Supreme Court · 1903
- Forbes v. BalenseiferIllinois Supreme Court · 1874
- Emerson v. BerginCalifornia Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.