Ellensburg Ice & Cold Storage Co. v. City of Ellensburg
Washington Supreme Court
Appeal from a judgment of the superior court for Kittitas county, French, J., entered May 17, 1921, in favor of the defendant, dismissing an action for an injunction and for damages, tried to the court.
1Opinion of the CourtHolcomb, J.
— This is an action against the respondent, praying for a perpetual injunction, and for damages caused by, and incident to, repeated past trespasses on the part of respondent in and to the waters of the Yakima river, appropriated by appellant and its predecessors.
The issues were presented by amended complaint, answer thereto, and a reply. Upon the trial of the case, counsel for appellant made an opening statement to the trial court of the facts, and upon the opening statement, respondent moved for judgment upon the pleadings and the opening statement.
The amended complaint, in substance,…
2Cases cited5 opinions
- Kakeldy v. Columbia & Puget Sound Railroad Co.Washington Supreme Court · 1905
- Domrese v. City of RoslynWashington Supreme Court · 1916
- Thorberg v. City of HoquiamWashington Supreme Court · 1914
- Longmire v. Yakima Highlands Irrigation & Land Co.Washington Supreme Court · 1917
- Habermann v. Ellensburg Gas & Water Co.Washington Supreme Court · 1918
3Cited by2 opinions
- Brazil v. City of AuburnWashington Supreme Court · 1980
- Brazil v. City of AuburnCourt of Appeals of Washington · 1979