Legal Opinion

Hayward v. Mason

Washington Supreme Court

Decided September 25, 1909No. 7979PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Kittitas county, Preble, J., entered November 25, 1908, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in consolidated actions to enjoin the obstruction of drainage ditches.

1Opinion of the CourtMount, J.

In the year 1904 the respondent brought an action against the appellant alleging that she was unlawfully obstructing a drainage system upon respondent’s land, and. *654prayed that she be restrained from so doing. While that action was pending and undetermined in the lower court, the respondent constructed other drainage ditches upon his own land, and brought another action against appellant alleging that appellant was unlawfully obstructing these ditches, and prayed for injunctive relief. When both cases were at issue the trial court entered an order consolidating them. They were thereafter tried…

2Cases cited2 opinions

  1. Peterson v. DillonWashington Supreme Court · 1901
  2. Hayward v. MasonWashington Supreme Court · 1909

3Cited by8 opinions

  1. In Re Stranger CreekWashington Supreme Court · 1970
  2. Miller v. Eastern Railway & Lumber Co.Washington Supreme Court · 1915
  3. Bouldin v. TaylorTennessee Supreme Court · 1924
  4. Trook v. CrouchIndiana Court of Appeals · 1923
  5. House v. Sterling Fire Ins.Utah Supreme Court · 1919

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