Mitchell v. Lea Lumber Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Thurs-ton county, Linn, L, entered December 27, 1905, granting a motion for nonsuit in an action for damages resulting to a riparian owner from the driving of shingle holts in a stream, and for an injunction to prevent further use of the stream for such purpose.
1Opinion of the CourtHadley, J.
This is an action to recover for damages to real estate resulting from the driving of shingle bolts down the Des Chutes river, and to enjoin the further use of the stream for the purpose of floating shingle bolts. It is particularly sought to enjoin the further use of the stream for the purpose of floating shingle bolts in such a manner as to cause erosion of the banks of the stream or the formation of jams whereby timbers or sediment are cast upon the plaintiff’s premises, and also to restrain the defendant from trespassing upon the banks of the river along the plaintiff’s premises. The…
2Cases cited6 opinions
- Field v. Apple River Log Driving Co.Wisconsin Supreme Court · 1887
- White River Log & Booming Co. v. NelsonMichigan Supreme Court · 1881
- Davis v. WinslowSupreme Judicial Court of Maine · 1863
- Hopkins v. Butte & Montana Commercial Co.Montana Supreme Court · 1893
- Bauman v. Pere Marquette Boom Co.Michigan Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ferry Pass Inspectors' & Shippers' Ass'n v. Whites River Inspectors' & Shippers' Ass'nSupreme Court of Florida · 1909
- Platt v. Bradner Co.Washington Supreme Court · 1924
- Bartel v. Ridgefield Lumber Co.Washington Supreme Court · 1924
- Associated Oil Co. v. Seiberling Rubber Co.Washington Supreme Court · 1933
- Burrows v. Grays Harbor Boom Co.Washington Supreme Court · 1906
9 more not listed; retrieve them via the Exa API.