Tracy v. City of Astoria

The complaint alleges: Plaintiffs own and reside on lot 9, block 13, City of Astoria, Oregon; from Grand Avenue, where plaintiffs residence stands, the land rises southerly in a steep incline; Irving Avenue is two blocks south of Grand Avenue; at 18th Street, where Irving Avenue crosses a ravine, defendant has from time to time dumped large amounts of material into the ravine each year, including 1948; such material has materially added to the weight of material which has been washed down upon plaintiffs premises; there are numerous springs and water currents in the ground, the super-added weight of which renders any attempt to make a fill thereon dangerous, all of which facts the defendant well knew; there is no footing, which fact defendant has known for years, so that the defendant has known that there was no way of securing the material dumped into said ravine; an improper and wholly unserviceable fill was dumped by defendant into the ravine; defendant well knew that such material must in time be projected upon plaintiffs property; the dumped material was of such consistency that the waters flowing down the side of the hill caused it to be washed down so as to damage plaintiffs premises; such material accumulated as a tremendous moving mass and crept down the hillside and onto the premises of the plaintiffs, thereby forcing a change of elevation and exerting a tremendous pressure against the surface ground of the plaintiffs; thereby the trees and foliage and fish pond on plaintiffs property were