Price v. Humptulips Driving Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Grays Harbor county, Hewen, J., entered July 24,1920, upon findings in favor of the defendants, in an action to enjoin the creation of artificial freshets in a river.
1Opinion of the CourtMackintosh, J.
This is an action in equity wherein the plaintiffs seek to enjoin the defendants from creating artificial freshets in the Humptulips river, and to prevent the change of the channel of that river and to restrain the defendants from trespassing upon plain*57tiffs’ lands which abut upon that river. The defendants claim the right to create the artificial freshets and to do the acts complained of, based upon prescription.
The Humptulips river rises in the Olympic mountains and, by a tortuous channel through heavily timbered country, reaches Grays Harbor. The Hump-tulips is a meandered stream and, in…
2Cases cited17 opinions
- State ex rel. Smith v. Superior CourtWashington Supreme Court · 1901
- McCarthy v. Bunker Hill & Sullivan Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1908
- Kakeldy v. Columbia & Puget Sound Railroad Co.Washington Supreme Court · 1905
- Hardin v. Olympic Portland Cement Co.Washington Supreme Court · 1916
- Nicomen Boom Co. v. North Shore Boom & Driving Co.Washington Supreme Court · 1905
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3Cited by1 opinion
- Ferry v. HodsonWashington Supreme Court · 1945