Bowles v. Kinney
District Court, W.D. Washington
In Equity. Suit by W. R. Bowles and others against J. W. Kinney, as Supervisor of Game and Game Eish for the State of Washington, and others. The complainants allege: That they are citizens of the state of Oregon and that they are owners of land in the state of Washington through which the Washougal river flows.
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In Equity. Suit by W. R. Bowles and others against J. W. Kinney, as Supervisor of Game and Game Eish for the State of Washington, and others. The complainants allege: That they are citizens of the state of Oregon and that they are owners of land in the state of Washington through which the Washougal river flows. That the said river, flowing through each parcel of land set out, is not navigable, and is a rough mountain stream, the channel of which is filled with rocks and boulders, the waters in many places-being less than one foot in depth across the channel, and that it cannot be used for…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above). [1] For the purposes of this decision, all of the facts well pleaded are admitted. From this admission it appears that the plaintiffs, though interested severally in the several tracts set out, have a common right to use the stream throughout its course over the several tracts of land described as a “common fishing preserve.” It thus appears that the several plaintiffs have rights which depend upon the same questions of fact and law, and have a community of interest growing out of the nature and condition of the right in dispute. Cutting v. Gilbert, 6 Fed.…
2Cases cited15 opinions
- Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
- Louisiana v. McAdooSupreme Court of the United States · 1914
- People v. Truckee Lumber Co.California Supreme Court · 1897
- Vail v. SeaborgWashington Supreme Court · 1922
- McChord v. Louisville & Nashville RailroadSupreme Court of the United States · 1902
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