Legal Opinion

Harvey v. Northern Pacific Railway Co.

Washington Supreme Court

Decided June 26, 1911No. 9016PublishedCited by 25 opinions

Appeal from a judgment of the superior court for Snohomish county, Black, J., entered May 17, 1910, upon sustaining a demurrer to the complaint, dismissing an action in tort.

1Opinion of the CourtCrow, J.

This action was commenced to recover damages resulting from an alleged discharge of water upon plaintiff’s lands. The trial judge sustained a demurrer to the amended complaint. Plaintiff refused to plead further, and has appealed from an order of dismissal.

The following plat is attached to the amended complaint, and by proper allegations made a part thereof:

*670

*671The amended complaint alleges:

“That ever since the 15th day of October, 1892, the plaintiff has been, and now is, the owner and in possession of the following described real estate, situated in the county of Snohomish, state of Washington,…

2Cases cited3 opinions

  1. Cass v. DicksWashington Supreme Court · 1896
  2. Noyes v. CosselmanWashington Supreme Court · 1902
  3. Peters v. LewisWashington Supreme Court · 1902

3Cited by25 opinions

  1. Heller v. Fire Insurance ExchangeSupreme Court of Colorado · 1990
  2. Grundy v. Thurston CountyWashington Supreme Court · 2005
  3. Grundy v. Thurston CountyWashington Supreme Court · 2005
  4. Wood v. City of TacomaWashington Supreme Court · 1911
  5. King County v. Boeing Co.Washington Supreme Court · 1963

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