Carnes v. Dalton
Oregon Supreme Court
From Baker: William Smith, Judge. Statement by Mr. Justice Eakin. This is a suit by Sam Carnes and W. A. Carnes to enjoin James Dalton from interfering with the diversion of water by plaintiffs from a company ditch, leading from North Powder River in Baker County.
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From Baker: William Smith, Judge. Statement by Mr. Justice Eakin. This is a suit by Sam Carnes and W. A. Carnes to enjoin James Dalton from interfering with the diversion of water by plaintiffs from a company ditch, leading from North Powder River in Baker County. This ditch or canal, known as the “company ditch,” is about one-half mile in length from its source to the division boxes, one of which, known as the “Kelsey tap,” conveys water to plaintiffs’ premises, being used by them as tenants in common with Kelsey. The other, known as the “Dalton tap,”' carries water claimed by defendant,…
1Opinion of the CourtJustice King
1. The facts above stated are practically conceded by the pleadings, as well as by defendant’s testimony, only the legal effect thereof being in question. Defendant admits removing the four-foot board from his head gate, when there was no surplus water in the company ditch, occasioning thereby the depletion complained of, and at the same time expressly recognizes that plaintiffs’ water right through the ditch is prior in time and superior in right to the claim of defendant and his co-owners. The only point, then, with which we are concerned, and as to which there is any difficulty, is whether…
2Cases cited10 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Jones v. ConnOregon Supreme Court · 1901
- Lakeside Ditch Co. v. CraneCalifornia Supreme Court · 1889
- Albert v. SalemOregon Supreme Court · 1901
- Williams v. AltnowOregon Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Palmer v. ProtrkaOregon Supreme Court · 1970
- Washington County Irrigation District v. TalboyIdaho Supreme Court · 1935
- Dalton v. KelseyOregon Supreme Court · 1911
- Plunkett v. ParsonsNebraska Supreme Court · 1943
- Keyser v. MoreheadIdaho Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.