Whitney v. Willamette Bridge Ry. Co.

Citations

• 23 Or. 188
• 31 P. 472
• 1892 Ore. LEXIS 127

Syllabus

<p>1. Subface 'Water — Adjacent Owners.— A land owner may turn or expel upon the land of an adjacent owner surface water that would naturally flow there, and in such quantities as would naturally drain there; but a land owner may not collect the surplus water upon his lands into a body and by ditches or other artificial means discharge it upon adjacent land whither it would not naturally flow.</p> <p>2. Waters — Right to Convey into Natural Channel. — A street railway company may turn any accumulations of surface water which interfere with the operation of its line into the channel where it is accustomed to flow, without liability to adjoining land owners, where the amount of surface water passing into the channel is not increased.</p>