California-Oregon Power Co. v. Beaver Portland Cement Co.

MACK, Circuit Judge.

Plaintiff is the owner of land on the east side of the Rogue river, a meandering non-navigable stream in Oregon, directly opposite land on the west side, the legal title to which is in defendant city of Gold Hill; defendant Cement Company has possession of the city’s land under an executory contract of purchase. Ownership in each case extends to the thread of the stream. Pursuant to its plan to build a dam and power plant on the west side of the river, Cement Company exploded charges of dynamite in reefs in the river bed but entirely west of tho thread of the stream, for…