Legal Opinion

Dalton v. Union Gap Irrigation Co.

Washington Supreme Court

Decided July 15, 1912No. 10372PublishedCited by 3 opinions

Appeal from a judgment of the superior court for Yakima county, Grady, J., entered November 7, 1911, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for damages from flooding and for an injunction, after a trial on the merits.

1Opinion of the CourtMorris, J.

This action was brought to recover damages to respondents’ lands caused by water from appellant’s ditch. In addition to damages, respondents sought to enjoin appellant from turning more water upon the lands and causing additional damage. Respondents are the owners of lands through which runs a natural draw containing nearly four acres. Appellant owns and operates a ditch some distance above respondents’ lands, and during the time in controversy here, maintained a spillway, which permitted waste water to flow down the draw and upon respondents’ lands. A temporary injunction was granted against…

2Cases cited4 opinions

  1. Wheeler, Osgood & Co. v. RalphWashington Supreme Court · 1892
  2. Wintermute v. CarnerWashington Supreme Court · 1894
  3. Lavanway v. CannonWashington Supreme Court · 1905
  4. State ex rel. Hill v. LichtenbergWashington Supreme Court · 1892

3Cited by3 opinions

  1. Gattavara v. General Insurance Co. of AmericaWashington Supreme Court · 1932
  2. Reynolds v. Canton Insurance Office, Ltd.Washington Supreme Court · 1917
  3. Enos v. HamblenWashington Supreme Court · 1914

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