Kamm v. Normand
Oregon Supreme Court
From Clatsop: Thomas A. McBride, Judge. Statement by Mr. Chief Justice Bean. • This is a suit by Jacob Kamm to enjoin Alex and Fred Normand from using the North Fork of Klaskanie Creek for floating saw logs.
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From Clatsop: Thomas A. McBride, Judge. Statement by Mr. Chief Justice Bean. • This is a suit by Jacob Kamm to enjoin Alex and Fred Normand from using the North Fork of Klaskanie Creek for floating saw logs. The complaint alleges that the stream in question runs through plaintiffs land for a distance of about one-half mile, and that it is not navigable or floatable for rafts, logs, lumber or timber; that the defendants cut "and put into the channel above plaintiff’s premises large quantities of saw logs, and, in order to cause them to float down such stream, constructed a splash dam, whereby…
1Opinion of the Court
*11Opinion by
Mr. Chief Justice Bean.
The questions for determination on this appeal are: (1) Whether the Klaskanie, where it flows through the lands of plaintiff, is a navigable or floatable stream; (2) to what extent, if any, the defendants may render it navigable or assist the navigability thereof by means of a splash dam. .
1. The common law of England, that the only streams which are navigable are those in which the tide ebbs and flows, has never been adopted in -this country. Rules which reason and convenience may have approved in reference to the streams of that country are wholly…
2Cases cited32 opinions
- Morgan v. . KingNew York Court of Appeals · 1866
- Thunder Bay River Booming Co. v. SpeechlyMichigan Supreme Court · 1875
- Brown v. ChadbourneSupreme Judicial Court of Maine · 1849
- Monroe Mill Co. v. MenzelWashington Supreme Court · 1904
- Hallock v. SuitorOregon Supreme Court · 1900
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3Cited by19 opinions
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- LEVENE ET UX. v. City of SalemOregon Supreme Court · 1951
- Valley Bank v. MalcolmArizona Supreme Court · 1922
- Flinn v. VaughnOregon Supreme Court · 1910
- Mashburn v. St. Joe Improvement Co.Idaho Supreme Court · 1910
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