Rhoades v. Barnes
Washington Supreme Court
Appeal from a judgment of tbe superior court for Klickitat county, McCredie, J., entered April 14, 1908, upon findings in favor of the defendant, in an action for an injunction, after a trial before the court without a jury.
1Opinion of the CourtMorris, J.
The parties hereto are the owners of adjoining lands in Klickitat county, near Goldendale. Across the *146respondent’s land flows a small creek, known as Klickitat creek. In 1883 the Goldendale Water Ditch Company commenced taking water from the creek and furnishing it to the town for domestic uses. This taking was at a point south of respondent’s lands. In 1887, the supply being insufficient, a writing was obtained, signed by seven-twelfths of the then ownership of the respondent’s land, which purported to grant to the company the exclusive right of way across the land to lay a four and one-half…
2Cases cited2 opinions
- Hathaway v. Yakima Water, Light & Power Co.Washington Supreme Court · 1896
- McCue v. Bellingham Bay Water Co.Washington Supreme Court · 1892
3Cited by12 opinions
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- City of Seattle v. NazarenusWashington Supreme Court · 1962
- Sunnyside Valley Irr. Dist. v. DickieWashington Supreme Court · 2003
- State Ex Rel. N.W. Etc. v. S. Ct.Washington Supreme Court · 1947
- Smith v. KingCourt of Appeals of Washington · 1980
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