Hallock v. Suitor

delivered, the opinion.

This is a suit to enjoin the defendant from maintaining and operating a dam constructed by him on plaintiff’s premises in Polk County, and to restrain him from interfering with a water power thereon. It appears that La Creole Creek flows in an easterly direction through said premises, and empties into the Willamette River. The land drained by the headwaters thereof is covered with valuable timber, which, cut into saw logs and put into the creek, can only be floated therein in its natural stage during the wintér freshets ; but by means of dams provided with sluiceways of…