Legal Opinion

Van De Vanter v. Flaherty

Washington Supreme Court

Decided February 25, 1905No. 5499PublishedCited by 10 opinions

Appeal from a judgment of the superior court for King county, Tallman, J., entered April 2, 1904, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, establishing a prescriptive right of way. The respondent moved to dismiss the appeal on the ground of insufficiency of the notice of appeal, which omitte.d the words, “to the supreme court.”

1Opinion of the CourtRudkin, J.

The plaintiff is the owner of the northwest quarter of the northeast quarter of section 10, township 22, range 4. The defendants are the owners of the southeast quarter of the northeast quarter, and north half of the southwest quarter of the northeast quarter, of the same section. There is a public highway, known as the “Des Moines Road,” running east and west through the center of said section 10. The land owned by the plaintiff is landlocked, and the only means of ingress and egress to and from said land is across the lands owned by tbe defendants, to the Des Moines road, a distance of…

2Cases cited4 opinions

  1. Wasmund v. HarmWashington Supreme Court · 1904
  2. City of Seattle v. SmithersWashington Supreme Court · 1905
  3. Everett Water Co. v. PowersWashington Supreme Court · 1905
  4. McConnell v. KaufmanWashington Supreme Court · 1892

3Cited by10 opinions

  1. Northwest Cities Gas Co. v. Western Fuel Co.Washington Supreme Court · 1942
  2. Allen v. SmithMissouri Court of Appeals · 1964
  3. Schulenbarger v. JohnstoneWashington Supreme Court · 1911
  4. Mielke v. Yellowstone Pipeline Co.Court of Appeals of Washington · 1994
  5. Kalinowski v. JacobowskiWashington Supreme Court · 1909

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