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MILTON BOX CO. v. SILVER LK. DITCH CO.

227 Or. 457 (1961)

363 P.2d 202

MILTON BOX COMPANY v. SILVER LAKE DITCH COMPANY ET AL

Supreme Court of Oregon.

Affirmed June 28, 1961.

Attorney(s) appearing for the Case

George H. Corey, Pendleton, argued the cause for appellant. On the briefs were Corey & Byler, Pendleton, and George E. Richards, Enterprise.

Robert V. Chrisman, Enterprise, argued the cause for respondents. On the brief were Wilson & Wilson, Joseph, and Chrisman & Ricker, Enterprise.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, SLOAN, O'CONNELL and GOODWIN, Justices.

AFFIRMED.

O'CONNELL, J.

Plaintiff, which is the owner of several lots adjoining Wallowa lake, brings this suit to enjoin defendants, several ditch companies which are collectively known as the Associated Ditch Companies, from submerging a part of plaintiff's land through the operation of defendants' dam, and to recover damages for past injury resulting from such submergence. The trial court enjoined the defendants from submerging plaintiff's land above a certain...

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