Madson v. Spokane Valley Land & Water Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered March 30, 1905, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, enjoining the diversion of waters and the nse of a dam by an irrigation company, and directing the commencement of proceedings to condemn plaintiffs’ littoral rights within sixty days.
1Opinion of the CourtMount, C. J.
This action was begun by respondents, to recover damages and to restrain the appellant from maintaining a dam across an arm of Liberty lake in Spokane county. On the trial of the ease, the court below entered an order enjoining the use of the dam, and directing appellant within sixty days to commence an action for the condemnation of respondents’ littoral rights in and about the arm of the said lake extending upon the respondents’ premises. Lrom that order, this appeal is prosecuted.
The facts agreed to upon the trial are substantially as follows: Liberty lake is a body of water averaging…
2Cases cited3 opinions
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
- Rigney v. Tacoma Light & Water Co.Washington Supreme Court · 1894
- City of New Whatcom v. Fairhaven Land Co.Washington Supreme Court · 1901
3Cited by17 opinions
- Proctor v. SimWashington Supreme Court · 1925
- Brace & Hergert Mill Co. v. StateWashington Supreme Court · 1908
- Bernot v. MorrisonWashington Supreme Court · 1914
- State ex rel. Ham, Yearsley & Ryrie v. Superior CourtWashington Supreme Court · 1912
- Litka v. City of AnacortesWashington Supreme Court · 1932
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