Legal Opinion

B. Schade Brewing Co. v. Falls City Pickle Works

Washington Supreme Court

Decided October 5, 1909No. 8044PublishedCited by 15 opinions

Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered February 8, 1909, upon granting a nonsuit at the close of plaintiff’s case, dismissing an action to enjoin the maintenance of a drain, and for damages.

1Per curiam

For some time prior to the year 1902, Cyrus Happy was the owner of blocks 17 and 18 in one of the additions to the city of Spokane.. There was a pond on *203block 18 and other adjacent lands, and by permission of the city Happy constructed a six-inch underground tile drain from this pond across Sheridan street lying between the two blocks to a gulch in block 17 leading to the Spokane river. Some time after the construction of this drain, Happy conveyed block 17 to one Frost, Frost conveyed to one Schade, and Schade conveyed to the plaintiff, the B. Shade Brewing Company. Block 18, on the other…

2Cases cited2 opinions

  1. Hodgkins v. FarringtonMassachusetts Supreme Judicial Court · 1889
  2. Carter v. . PageSupreme Court of North Carolina · 1844

3Cited by15 opinions

  1. Neitzel v. Spokane International Railway Co.Washington Supreme Court · 1911
  2. State ex rel. Stephens v. Superior CourtWashington Supreme Court · 1920
  3. State v. Superior CourtWashington Supreme Court · 1909
  4. Republic Investment Co. v. Naches Hotel Co.Washington Supreme Court · 1937
  5. State ex rel. Washington Boom Co. v. Chehalis Boom Co.Washington Supreme Court · 1914

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