Matthews v. Belfast Manufacturing Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Skagit county, Joiner, J., entered July 17, 1903, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, enjoining the obstruction and unlawful use of a logging stream.
1Opinion of the CourtFullerton, C. J.
The appellant and respondent each own timber lands in Skagit county, through which the east fork of the Samish river flows; the lands of the appellant being higher up the stream than those of the respondent, although the lands abut upon each other. The Samish river is an unmeandered stream, having an average width between banks of some fifty feet, and during the wet season of the year is capable of floating such mill timber as grows upon its bardes, and in its immediate vicinity. In the dry season it is not navigable without artificial aids, having at such time a depth of less than two feet…
2Cases cited2 opinions
- Healy Lumber Co. v. MorrisWashington Supreme Court · 1903
- Watkinson v. McCoyWashington Supreme Court · 1900
3Cited by8 opinions
- Kamm v. NormandOregon Supreme Court · 1907
- Barry v. MurrayWashington Supreme Court · 1924
- White v. CoddWashington Supreme Court · 1905
- Gilson v. Cascade Lumber Co.Washington Supreme Court · 1909
- Kalama Electric Light & Power Co. v. Kalama Driving Co.Washington Supreme Court · 1908
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