167 P. 1015 | Or. | 1917
delivered the opinion of the court.
It is to be regretted that the effort made by the defendant to obtain a right of way over the premises of plaintiff for the purpose of draining the swamp was not successful. Such drainage would no doubt extinguish many frog songs and their usual accompaniment • and exterminate the offensive features of the swamp.
The decree of the lower court will be modified in accordance herewith. • Plaintiff should recover his costs in this court. Modified.