Lavery v. Arnold
Oregon Supreme Court
From Malheur: Morton D. Clifford, Judge. This suit was commenced June 26, 1896, by Daniel Layery to enjoin Thos. L. Arnold from diverting water from a natural stream known as “Jerry Creek.”
Read the full summary
From Malheur: Morton D. Clifford, Judge. This suit was commenced June 26, 1896, by Daniel Layery to enjoin Thos. L. Arnold from diverting water from a natural stream known as “Jerry Creek.” Plaintiff alleges that he is the owner of a tract of arid land in Harney County, through which said creek flows; that in 1883 his predecessor in interest made an appropriation of two hundred inches of water therefrom, which has since been constantly used in irrigating said land; that in 1890 defendant unlawfully diverted water from said stream, thereby depriving plaintiff of the use thereof, to his damage…
1Opinion of the CourtJustice Moore
1. The evidence shows that in 1883 George W. McQuinn settled upon the land now owned by plaintiff, extended thereto a neighbor’s ditch, and used the water of Jerry Creek thereupon ; that in 1885 he filled up this extension, constructed another ditch, and appropriated the water of said creek to the irrigation of his land, to which he afterwards obtained a title ; that in 1887 plaintiff became the owner of said tract, and since that time has constantly used a portion of said water in raising crops thereon ; that in 1886 defendant appropriated the waters of said stream in irrigating a tract upon…
2Cases cited7 opinions
- Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
- Garrett v. BishopOregon Supreme Court · 1895
- Senior v. AndersonCalifornia Supreme Court · 1896
- McBroom v. ThompsonOregon Supreme Court · 1894
- Coffman v. RobbinsOregon Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kiernan v. KratzOregon Supreme Court · 1902
- LUCKEY ET UX v. DeatsmanOregon Supreme Court · 1959
- Mayes v. StephensOregon Supreme Court · 1901
- Brown v. Gold Coin Mining Co.Oregon Supreme Court · 1906
- Carson v. HayesOregon Supreme Court · 1901
16 more not listed; retrieve them via the Exa API.