| Edition:
|
Bybee v. Oregon & C. Railroad Company, to the circuit court of the United States upon the petition of the defendant, upon the ground that the case involved the validity of conflicting grants of land from the United States The plaintiff sued to recover for damages to a water-ditch and water-right, occasioned by the construction of the defendant's road His complaint alleged, in substance, that on the 3d of September, 1883, he was the owner of an undivided half of a certain water-ditch and water-right on the sought side of Rogue river, in Jackson county, and in lawful lpossession of the same, as tenant in common with one Daniel Fisher; that upon this day the plaintiff and Fishe, f or the consideration of $250 paid to them, executed a deed to defendant of a right to construct and operate its railroad and telegraph line across the said water-ditch, but upon condition that it should not in any way destroy or injure the same, or obstruct their use and enjoyment of it as a means of conveying water through the same; and that the defendant accepted the deed, received possession of the water-ditch, and constructed its railroad and telegraph line across the same, but in such a manner as to permanently obstruct and destroy it, and render it impossible to use it for the conveyance of water, and refused to make any compensation to the plaintiff for his interest therein .
|
