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OLIVER v. SKINNER AND LODGE

190 Or. 423 (1951)

226 P.2d 507

OLIVER v. SKINNER AND LODGE

Supreme Court of Oregon.

Modified January 17, 1951.

Attorney(s) appearing for the Case

P.J. Gallagher argued the cause for respondent and cross-appellant. On the brief were Gallagher & Gallagher, of Ontario.

Anthony Yturri, of Ontario, argued the cause for appellants. With him on the brief was Walter Griffiths, of Caldwell, Idaho.

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

MODIFIED.

HAY, J.

This is a suit to enjoin defendants from diverting water from a certain lake, to the detriment of plaintiff's allegedly superior rights to such water. The original plaintiff, John A. Oliver, died subsequent to the hearing, and Mina M. Oliver, his widow, who is administratrix of his estate, has been substituted as plaintiff.

The lake in question is called Upper Cow Creek Lake. It is situated...

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