Weise v. Smith
Oregon Supreme Court
Appeal from Clackamas County. The complaint in this action alleges in substance, that Peter A. Weise, the plaintiff, is the owner of the land situated at the mouth of the Tualatin river, upon the southerly side thereof, and that Samuel Smith, the defendant, placed a boom fast upon the land of'the appellant, and kept it across said river, to the damage of the plaintiff in the sum of five hundred dollars.
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Appeal from Clackamas County. The complaint in this action alleges in substance, that Peter A. Weise, the plaintiff, is the owner of the land situated at the mouth of the Tualatin river, upon the southerly side thereof, and that Samuel Smith, the defendant, placed a boom fast upon the land of'the appellant, and kept it across said river, to the damage of the plaintiff in the sum of five hundred dollars. The answer sets up in substance, that the respondent was engaged in the business of floating saw logs in the Tualatin river, from points on the said river above plaintiff’s land, to the…
1Opinion of the CourtUpton, J.
It is conceded in the argument, that, to some extent, or for some purposes, the Tualatin river is a navigable stream from its mouth to many miles above the place in question. At the point of the alleged trespass, or a short distance above it, the river is not navigable for boats, but for the whole distance, the stream is available as a means of conveyance .for saw logs. One of the circumstances set up by the plaintiff, as a basis for additional damages, is that immediately at the place where the boom was stretched, the plaintiff had occasion to navigate the river with his skiff; and that, by…
2Cases cited4 opinions
- Morgan v. . KingNew York Court of Appeals · 1866
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Jones v. PettiboneWisconsin Supreme Court · 1853
- Davis v. WinslowSupreme Judicial Court of Maine · 1863
3Cited by16 opinions
- United States v. CressSupreme Court of the United States · 1917
- Gaston v. MaceWest Virginia Supreme Court · 1889
- State Ex Rel. State Land Board v. Corvallis Sand & Gravel Co.Oregon Supreme Court · 1978
- Hallock v. SuitorOregon Supreme Court · 1900
- Kamm v. NormandOregon Supreme Court · 1907
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