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WELLMAN v. KELLEY

197 Or. 553 (1953)

252 P.2d 816

WELLMAN ET UX. v. KELLEY and HARRISON

Supreme Court of Oregon.

Affirmed January 28, 1953.

Petition for rehearing denied March 11, 1953.

Attorney(s) appearing for the Case

P.J. Gallagher argued the cause for appellants. On the briefs were Gallagher & Gallagher, of Ontario, Austin Dunn and Dunn & Jackson, of Baker.

Blaine Hallock argued the cause for respondents. On the brief were Hallock, Banta, Silven & Horton, of Baker.

Before BRAND, Chief Justice, and ROSSMAN, LUSK, LATOURETTE and WARNER, Justices.

AFFIRMED.

WARNER, J.

Plaintiffs Wellman seek to restrain defendants from obstructing the natural flow of the flood waters of Powder river. From a decree in favor of plaintiffs, defendants appeal.

Powder river flows in a northerly and northwesterly direction through plaintiffs' ranch in Baker county. The defendant Harrison is the owner of a substantial parcel which adjoins the Wellman premises on the west. The...

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