Legal Opinion

Lynch v. Lower Yakima Irrigation Co.

Washington Supreme Court

Decided April 28, 1913No. 10431PublishedCited by 2 opinions

Appeal from a judgment of the superior court for Benton county, Kauffman, J., entered October 21, 1911, in favor of the defendant, notwithstanding the verdict of a jury rendered in favor of the plaintiffs, in an action for damages.

1Opinion of the CourtMain, J.

This is an action to recover damages on account of the taking of certain land as a right of way for an irrigation ditch.

On December 30, 1909, the Northern Pacific Railway Company filed with the register of the United States land office at Walla Walla its lieu land selection for the southeast quarter of section 4, township 10, north, range 28, east W. M. And on February 23, 1910, proof by publication and posting of notice as required by law was filed. The plaintiffs at the time this action was begun were the owners of the land over which the ditch passed. Their title was initiated by the…

2Cases cited2 opinions

  1. Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
  2. Sullivan v. Northern Spy Mining Co.Utah Supreme Court · 1895

3Cited by2 opinions

  1. Sylvester v. ImhoffWashington Supreme Court · 1972
  2. Ex Parte ModeCourt of Criminal Appeals of Texas · 1915

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