Savage v. City of Salem

Citations

• 23 Or. 381
• 24 L.R.A. 787
• 31 P. 832
• 1893 Ore. LEXIS 33

Syllabus

<p>Street Obstructions — Nuisances.—The streets and highways belong entirely to the public, and cannot be encroached upon or impeded by private persons for private use; but municipal coiporations having control of streets, may permit erections or obstructions therein when they are intended to supply a public demand.</p> <p>Nuisanoes — Water Tank in Street.— Water tanks erected by a private individual to supply his wagons with water to sprinkle the city streets, under an express authority from the city council, for compensation to be received by him from adjoining property owners, are not nuisances per se, although they may become nuisances by subsequent use.</p> <p>License — Revocation—Nuisance.—A city which has granted a license or franchise to a private person to occupy a portion of a street for a public purpose — such as the erection of water tanks to supply his street sprinklers — cannot, after he has expended money on the faith thereof, revoke his license without compensating him, unless such erection is or has become by subsequent use an actual nuisance, which is a question for the jury.</p>