Williams v. Goose Lake Valley Irr. Co.
Oregon Supreme Court
From Lake: Bernard Daly, Judge. In Banc. Statement Per Curiam. This is an action by F. L. Williams against tbe Goose Lake Valley Irrigation Company, a corporation, to recover actual and exemplary damages alleged to have been sustained by tbe construction of a ditcb across tbe plaintiff’s land without securing.bis consent or condemning a right of way for tbe conduit. From a judgment for plaintiff in tbe sum of $500, the defendant appeals.
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From Lake: Bernard Daly, Judge. In Banc. Statement Per Curiam. This is an action by F. L. Williams against tbe Goose Lake Valley Irrigation Company, a corporation, to recover actual and exemplary damages alleged to have been sustained by tbe construction of a ditcb across tbe plaintiff’s land without securing.bis consent or condemning a right of way for tbe conduit. From a judgment for plaintiff in tbe sum of $500, the defendant appeals. Submitted on brief without argument under tbe proviso of Supreme Court Bule 18: 56 Or. 622 (117 Pac. xi).
1Opinion of the Court
*304Opinion
2Per curiam
1, 2. It is contended that an error was committed in striking from the answer averments showing the defendant’s right to appropriate the land occupied by the ditch, and in not permitting the jury to determine the compensation to be paid for the easement required. The part of the answer thus eliminated stated all the facts necessary to be alleged in a complaint in an action for condemnation. The question to be considered is whether such a defense is proper in an action of this kind. If the entry upon the plaintiff’s premises had been made pursuant to his license, or if an honest mistake…
3Cases cited14 opinions
- Larsen v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
- Oregon Railway & Navigation Co. v. MosierOregon Supreme Court · 1887
- Brown v. BridgesSupreme Court of Iowa · 1870
- Heilbron v. Last Chance Water Ditch Co.California Supreme Court · 1888
- Miller v. Edison Electric Illuminating Co.New York Court of Appeals · 1906
9 more not listed; retrieve them via the Exa API.
4Cited by7 opinions
- Coastal Oil & Gas Corp. v. Garza Energy TrustTexas Supreme Court · 2008
- Hanns v. FriedlyOregon Supreme Court · 1947
- Brown v. DorfmanOregon Supreme Court · 1968
- Coastal Oil & Gas Corp. v. Garza Energy TrustTexas Supreme Court · 2008
- Coastal Oil & Gas Corporation and Coastal Oil & Gas USA, L.P. v. Garza Energy TrustTexas Supreme Court · 2008
2 more not listed; retrieve them via the Exa API.