Booth-Kelly Lumber Co. v. Eugene
Oregon Supreme Court
From Lane: John S. Coke, Judge. Department 1. Statement by Mr. Justice Moore. This is a suit by the Booth-Kelly Lumber Company against the City of Eugene, a municipal corporation, and J. D. Matlock, mayor of the City of Eugene, and T. H. Garrett, J. E. Boach, W. S. Moon, B. B. Henderson, John M. Williams, F. J. Berger, A. W. Gilbert, and Sherman Heller, constituting the mayor and common council of the City of Eugene, to enjoin interference with the flow of a stated quantity…
Read the full summary
From Lane: John S. Coke, Judge. Department 1. Statement by Mr. Justice Moore. This is a suit by the Booth-Kelly Lumber Company against the City of Eugene, a municipal corporation, and J. D. Matlock, mayor of the City of Eugene, and T. H. Garrett, J. E. Boach, W. S. Moon, B. B. Henderson, John M. Williams, F. J. Berger, A. W. Gilbert, and Sherman Heller, constituting the mayor and common council of the City of Eugene, to enjoin interference with the flow of a stated quantity of water in the channel of a non-navigable stream. The complaint alleges in effect: That the plaintiff, a corporation,…
1Opinion of the CourtJustice Moore
It is not alleged in the complaint that the plaintiff or its predecessors in interest made a prior appropriation of the water of the McKenzie Eiver sufficient to transport in the summer in the channel of that stream, and in the waterway connected therewith, sawlogs to its mills at Coburg. It will be assumed, however, from the averment that the river had been used for that purpose by the plaintiff and its predecessors 30 years, which period antedates the defendant’s diversion, that facts are set forth in the complaint adequate to show a prima facie right in the plaintiff to the relief sought,…
2Cases cited6 opinions
- City of Logansport v. UhlIndiana Supreme Court · 1885
- Grey ex rel. Simmons v. Mayor of PatersonSupreme Court of New Jersey · 1900
- Garrett v. BishopOregon Supreme Court · 1895
- Hallock v. SuitorOregon Supreme Court · 1900
- National Fire Alarm Co. v. City of PortlandOregon Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thornburg v. Port of PortlandOregon Supreme Court · 1962
- York Et Ux v. StallingsOregon Supreme Court · 1959
- Minto v. Salem Water, Light & Power Co.Oregon Supreme Court · 1926
- Fraser v. PortlandOregon Supreme Court · 1916
- Stephens v. City of EugeneOregon Supreme Court · 1918
6 more not listed; retrieve them via the Exa API.