Guilliams v. Beaver Lake Club
Oregon Supreme Court
From Lincoln: James W. Hamilton, Judge. Department 2. This is a suit to enjoin defendant from erecting or maintaining a dam near the mouth of Beaver Creek in Lincoln County, and to prevent the defendant from maintaining a wire fence across said creek.
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From Lincoln: James W. Hamilton, Judge. Department 2. This is a suit to enjoin defendant from erecting or maintaining a dam near the mouth of Beaver Creek in Lincoln County, and to prevent the defendant from maintaining a wire fence across said creek. Beaver Creek is a small nontidal stream of insignificant size at a point 3% miles above the ocean, but at its mouth, by reason of the sands thrown up by the sea, it becomes a lagoon or lake practically without current, of an average width from bank to bank of about 50 feet, and of a depth sufficient to float ordinary skiffs and small scows. It…
1Opinion of the CourtMcBRIDE, C. J.
The case has two aspects, one being with reference to the navigability of the stream or lake in controversy, and the other as to the flowing-back of its waters to the injury of other properties along its banks. We have been somewhat hampered in our investigations by the indefiniteness of the questions and answers in matters such as boundaries, etc., involved, where precise answers were required. To illustrate the difficulty as well as to point :out a moral, we quote a few excerpts from the testimony:
“Q. In the summer-time, when you came down the creek, where did you land your boat?
A. We…
2Cases cited27 opinions
- Lamprey v. StateSupreme Court of Minnesota · 1893
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Morgan v. . KingNew York Court of Appeals · 1866
- Willow River Club v. WadeWisconsin Supreme Court · 1898
- Eyre v. JacobSupreme Court of Virginia · 1858
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3Cited by8 opinions
- Luscher v. ReynoldsOregon Supreme Court · 1936
- Attorney General Ex Rel. Director of Natural Resources v. HalldenMichigan Court of Appeals · 1974
- Kramer v. City of Lake OswegoOregon Supreme Court · 2019
- Kramer v. City of Lake OswegoCourt of Appeals of Oregon · 2017
- McCormick v. State Parks and Recreation Dept.Oregon Supreme Court · 2020
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