Jennings v. McCormick

The opinion of the court was delivered hy

Fullerton, J.

The appellant, Jennings, the respondent McCormick, and the defendant Osberg, are the owners of abutting farm lands,- lying easterly of Swinomish slough, in Skagit county. The lands are what are known as tide lands, and, without the protection of dikes and dams, would be submerged at least once in every twenty-four hours by-the rise of the tides. White’s slough is an arm of Swinomish slough, having its mouth a short distance below the land of Osberg, from which point it extends in a general northwesterly direction across the lands of Osberg…