DAY v. HILL


241 Or. 507 (1965)

406 P.2d 148

DAY ET AL v. HILL ET AL

Supreme Court of Oregon.

Affirmed September 29, 1965.

Petition for rehearing denied November 2, 1965.


Attorney(s) appearing for the Case

John S. Horton, Albany, argued the cause for appellants. On the briefs were Weatherford, Thompson and Horton, Albany.

Eugene K. Richardson, Newport, argued the cause and filed a brief for respondents.

Before PERRY, Presiding Justice, and O'CONNELL, DENECKE, HOLMAN and LUSK, Justices.


AFFIRMED.

DENECKE, J.

The plaintiffs brought suit to enjoin the defendants from interfering with plaintiffs' alleged water rights in a stream now called Walker Creek. The trial court dismissed plaintiffs' suit and they appeal.

Plaintiffs claim to be appropriating water from Walker Creek under a permit for appropriation granted by the state. There is a fact issue whether plaintiffs' permit applies to Walker Creek or some other stream. It is not necessary...

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