Bourne v. Wilson-Case Lumber Co.
Oregon Supreme Court
From Columbia: Thomas A. McBride, Judge. Statement by Mr. Justice Burnett. Plaintiff, J. B. E. Bourne, alleging himself to be the owner of certain improved real property in the city of Rainier whereon are situated two dwelling houses with sundry fruit trees, shade trees, and fencing, complains, in substance, that, while he was absent from home about two years prior to the commencement of the suit, the defendant built a sawmill in a gulch adjoining his property and about 200…
Read the full summary
From Columbia: Thomas A. McBride, Judge. Statement by Mr. Justice Burnett. Plaintiff, J. B. E. Bourne, alleging himself to be the owner of certain improved real property in the city of Rainier whereon are situated two dwelling houses with sundry fruit trees, shade trees, and fencing, complains, in substance, that, while he was absent from home about two years prior to the commencement of the suit, the defendant built a sawmill in a gulch adjoining his property and about 200 feet from it, and in the operation of said mill conveyed the sawdust, slabs, and like waste products of the mill to a…
1Opinion of the CourtJustice Burnett
From the testimony reported here it appears that the sawmill in question is located in a gulch running from south to north into the Columbia River in the town of Rainier. Plaintiff’s property is situated on a bluff about 40 or 50 feet above the level where the mill and slab fire are situated. The fire, as managed by the defendant, escaped, and, spreading through the brush adjoining plaintiff’s premises, burned his fences twice, totally destroying one apple tree and injuring other shrubbery and trees. The draft from the fire continually carries up into the air sawdust and cinders, and deposits…
2Cases cited4 opinions
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
- Fleischner v. Citizens' Investment Co.Oregon Supreme Court · 1893
- American Smelting & Refining Co. v. GodfreyCourt of Appeals for the Eighth Circuit · 1907
- Bliss v. Anaconda Copper Mining Co.U.S. Circuit Court for the District of Montana · 1909
3Cited by11 opinions
- MARTIN ET UX v. Reynolds Metals Co.Oregon Supreme Court · 1959
- Amphitheaters, Inc. v. Portland MeadowsOregon Supreme Court · 1948
- York Et Ux v. StallingsOregon Supreme Court · 1959
- Fraser v. PortlandOregon Supreme Court · 1916
- Fairview Farms, Inc. v. Reynolds Metals CompanyDistrict Court, D. Oregon · 1959
6 more not listed; retrieve them via the Exa API.