Legal Opinion

Wintermute v. Tacoma Light & Water Co.

Washington Supreme Court

Decided February 18, 1892No. 346PublishedCited by 8 opinions

Appeal from Superior Court, Pierce County. Action by James S. Wintermute and others to restrain the Tacoma Light and Water Company from erecting, pumping works on the shore of American lake, and from in any manner appropriating or using the waters of said lake for supplying water to the inhabitants of the city of Tacoma. The court rendered a decree granting an injunction restraining defendant, and from such judgment defendant appeals.

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

It appears from the pleadings or the undisputed proofs, contained in the record, that American lake is a body of fresh water about ten miles from the city of Tacoma, and is three and a half miles long and one mile wide; that the area of its surface is between eleven and twelve hundred acres; that its extreme depth is over one hundred feet and its average depth forty feet; that the average yearly rise and fall of the surface is between three and five feet; that plaintiffs are owners of land bordering upon said lake; that defendant is a…

2Cited by8 opinions

  1. Lyon v. Water Commissioners of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1930
  2. Bouckaert v. State Board of Land CommissionersWashington Supreme Court · 1915
  3. City of Raymond v. Willapa Power Co.Washington Supreme Court · 1918
  4. Grande Ronde Lumber Co. v. BuchananWashington Supreme Court · 1952
  5. Hall v. ElliottWashington Supreme Court · 1942

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