Heisley v. Eastman
Oregon Supreme Court
From Marion: George G. Bingham, Judge. Department 1. This suit was brought by O. F. Heisley and bis wife, S. Etta Heisley, against L. C. Eastman, C. J. Johnson and the latter’s wife, Edna L. Johnson, for damages and to enjoin the defendants from interfering with a drain laid across land now owned by Eastman and now occupied by the Johnsons as tenants.
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From Marion: George G. Bingham, Judge. Department 1. This suit was brought by O. F. Heisley and bis wife, S. Etta Heisley, against L. C. Eastman, C. J. Johnson and the latter’s wife, Edna L. Johnson, for damages and to enjoin the defendants from interfering with a drain laid across land now owned by Eastman and now occupied by the Johnsons as tenants. A trial resulted in a decree enjoining the defendants from interfering with the drain, awarding the plaintiffs $190 as damages on account of past interference with the drain, and permitting the plaintiffs to enter upon the land owned by Eastman…
1Opinion of the CourtHarris, J.
The plaintiffs purchased their land about five years ago. There was a building on the premises at the time of the purchase and as we understand the record the plaintiffs began to use the building as a hospital soon after acquiring the property. In about December, 1918, or January, 1919, the plaintiffs concluded to enlarge the hospital by digging a basement and adding seventeen rooms and four large porches. When the plaintiffs began the work of excavation for the basement they at once discovered that water would accumulate in any basement that might be dug and that some provision for drainage…
2Cases cited10 opinions
- Stoner v. ZuckerCalifornia Supreme Court · 1906
- Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
- Gyra v. WindlerSupreme Court of Colorado · 1907
- McPhee v. KelseyOregon Supreme Court · 1903
- Ewing v. RheaOregon Supreme Court · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
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- POWERS ET UX. v. Coos Bay Lumber Co.Oregon Supreme Court · 1953
- Belt Et Ux. v. MatsonOregon Supreme Court · 1926
- Baum Et Ux v. DennOregon Supreme Court · 1949
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