65 P. 598 | Or. | 1901
delivered the opinion.
The plaintiff is the owner of certain lands through which the Grande Ronde River, a natural watercourse, flows, and she charges by her complaint that defendant well knew the character and capacity of said river for floating logs, and that their transportation therein required great care and skill to prevent them from being carried upon the adjoining lands, but that, notwithstanding such knowledge, it did, on or about February, 1898, wrongfully and negligently place in such river a greater number of logs than could be floated thereby, and did also wrongfully and carelessly fail, neglect, and refuse to keep the channel clear and open, oi* to prevent the logs from forming jams, or to break the jams thus formed