Carson v. Hayes
Oregon Supreme Court
From Josephine : Hiero KL. Hanna, Judge. This is a suit by A. H. Carson and others against F. M. Hayes and others to restrain the defendants from interfering with the regular flow of the waters of Oscar Creek, and from permitting the debris from their placer mines to come down to, and be deposited in, plaintiff’s ditches and reservoirs and on their mining ground. The plaintiffs are the owners of a mining claim through which Oscar Creek flows.
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From Josephine : Hiero KL. Hanna, Judge. This is a suit by A. H. Carson and others against F. M. Hayes and others to restrain the defendants from interfering with the regular flow of the waters of Oscar Creek, and from permitting the debris from their placer mines to come down to, and be deposited in, plaintiff’s ditches and reservoirs and on their mining ground. The plaintiffs are the owners of a mining claim through which Oscar Creek flows. The defendants Swinden and Burk-halter own a claim on the stream immediately above, and Hayes and Jewell own five claims just above and adjoining the…
1Opinion of the CourtChief Justice Bean
1. It was insisted at the argument that the amount of water to which the plaintiffs are entitled by reason of prior appropriation is open to controversy in this suit; but, as we understand the record, that question is precluded by the stipulation of the parties. The complaint alleges that the plaintiff A. H. Carson and one Johnson appropriated all the waters of the stream in 1876, and *102that they and their successors in interest have ever since used the same in placer mining. By the stipulation it is agreed that there is no controversy about the validity of any of the water rights involved in.…
2Cases cited16 opinions
- Atchison v. PetersonSupreme Court of the United States · 1874
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
- Anaheim Water Co. v. Semi-Tropic Water Co.California Supreme Court · 1883
- Grisby v. Clear Lake Water Works Co.California Supreme Court · 1870
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Chessman v. HaleMontana Supreme Court · 1905
- Caviness v. La Grande Irr. Co.Oregon Supreme Court · 1911
- Galbreath v. HopkinsCalifornia Supreme Court · 1911
- Brown v. Gold Coin Mining Co.Oregon Supreme Court · 1906
17 more not listed; retrieve them via the Exa API.