Dickey v. Maddux
Washington Supreme Court
Appeal from a judgment of the superior court for Kittitas county, Rigg, J., entered January 31, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, enjoining the taking of water from springs appropriated by the plaintiffs.
1Opinion of the CourtRoot, J.
This is an action brought by respondents to enjoin appellants from interfering with the taking of water from certain alleged springs situated on the lands of appellants, which water the respondents claim was appropriated by their predecessor in interest in 1883. From a decree in, favor of plaintiffs, this appeal is taken by defendants.
It is urged by appellants that the so-called springs are not flowing springs, nor in reality springs at all, and that there is no stream connected therewith; but that they are merely pools of seepage water coming from the side hill, and making a marsh or bog,…
2Cases cited8 opinions
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- Hathaway v. Yakima Water, Light & Power Co.Washington Supreme Court · 1896
- Geddis v. ParrishWashington Supreme Court · 1889
- Stoddard v. Van BussumNew Jersey Court of Chancery · 1898
- Slaght v. Northern Pacific Railway Co.Washington Supreme Court · 1905
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3Cited by8 opinions
- Wills v. MorrisMontana Supreme Court · 1935
- Miller v. Eastern Railway & Lumber Co.Washington Supreme Court · 1915
- Popham v. HolloronMontana Supreme Court · 1929
- Mason v. YearwoodWashington Supreme Court · 1910
- United States v. Ahtanum Irr. Dist.District Court, E.D. Washington · 1954
3 more not listed; retrieve them via the Exa API.