Legal Opinion

Spokane Valley Land & Water Co. v. Arthur D. Jones & Co.

Washington Supreme Court

Decided May 1, 1909No. 7761PublishedCited by 25 opinions

Appeal by plaintiff from a judgment of the superior court for Spokane county, Poindexter, J., entered June 22, 1908, adjudging a public use, and awarding damages to defendants, in an action to condemn a way for a ditch and the riparian rights to the waters of a nonnavigable arm of a lake.

1Opinion of the CourtGose, J.

The appellant, a public carrier of water, was the plaintiff .below. Liberty Lake is a body of water limited in area, and is navigable for small craft. The respondents are the owners of section 15, in township 25, north, range 45 E., W. M. An unnavigable arm of said lake, sometimes called “Loomis Lake,” dry at its intake in low water, extends for some distance into such land. Some time prior to the commencement of this action, the appellant and its predecessors in interest constructed a dam across the arm of Liberty Lake at a point near the lake, and also constructed a canal and laterals for…

2Cases cited13 opinions

  1. St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
  2. Nesalhous v. WalkerWashington Supreme Court · 1907
  3. Dunlap v. RauchWashington Supreme Court · 1901
  4. State ex rel. Kent Lumber Co. v. Superior CourtWashington Supreme Court · 1907
  5. Tyler v. Inhabitants of HudsonMassachusetts Supreme Judicial Court · 1888

8 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Collier v. Merced Irrigation DistrictCalifornia Supreme Court · 1931
  2. STATE EX REL. CONVENTION CENTER v. EvansWashington Supreme Court · 1998
  3. Bernot v. MorrisonWashington Supreme Court · 1914
  4. City of Seattle v. FaussettWashington Supreme Court · 1923
  5. Currier v. PerryWashington Supreme Court · 1935

20 more not listed; retrieve them via the Exa API.

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