128 P. 37 | Or. | 1912
delivered the opinion of the court.
We will first consider the nature of the claim stated in the complaint. Treating of a riparian right, the Supreme Court of Massachusetts says:
“This is a common right, and each must exercise it with due regard to the rights of others, and each must submit to that degree of inconvenience and hardship in his exercise of his rights which results from the existence of like rights in. others. In such cases each proprietor is*395 entitled to the use of the stream in such reasonable manner according to the usages and wants of the community as will not be inconsistent with a like use by other proprietors above or below him.” Parker v. American Co., 195 Mass. 591 (81 N. E. 468: 10 L. R. A. [N. S.] 584).
The suit is therefore dismissed without costs in this court, and without prejudice to either of the appealing parties as among themselves. Dismissed.