Legal Opinion

Bannse v. Northern Pac. Ry. Co.

District Court, W.D. Washington

Decided May 24, 1913No. 1,646PublishedCited by 2 opinions

In Equity.' Suit by John Bannse and wife against the Northern Pacific Railway Company. Case transferred for trial to a jury.

1Opinion of the Court

CUSHMAN, District Judge.

This suit is brought, charging the defendant with having diverted the waters of the Skookumchuck river from their natural channel, causing the overflow of and damage to plaintiffs’ land; further, with having encroached upon plaintiffs’ lands with its tracks, the embankment upon which they were placed, and the riprapping protecting the same from the waters of such stream. The prayer of the complaint is for a mandatory injunction, directing the restoration of the waters of the river to their natural channel, an injunction against its further diversion, decree compelling…

2Cases cited15 opinions

  1. Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
  2. New York City v. PineSupreme Court of the United States · 1902
  3. Northern Pacific Railroad v. SmithSupreme Court of the United States · 1898
  4. Rigney v. Tacoma Light & Water Co.Washington Supreme Court · 1894
  5. Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902

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3Cited by2 opinions

  1. Miller v. GatesIndiana Court of Appeals · 1916
  2. Goff v. WeissNebraska Supreme Court · 1925

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