Desimone v. Mutual Materials Co.

Millard, J. —

This action was instituted by plaintiffs, as possessors and cultivators of a tract of land in King county, to recover for damage to growing crops on the tract of land in question alleged to have been sustained as a result of defendant’s tortious casting of sand and water thereon and to recover for damage from water and sand cast by defendant upon another tract of land of which plaintiffs were the owners in fee. Plaintiffs also sought a permanent injunction restraining defendant from discharging water upon their land. The cause was tried to the court, which entered a decree…