North River Boom Co. v. Smith

The opinion of the court was delivered by

Dunbar, J.

This is an appeal from a judgment rendered in an action brought to appropriate certain tide lands of the third class for boom purposes. A demurrer was interposed to the complaint, which was overruled. The defendants answered, and, upon trial, certain damages were awarded to the defendants, with which they were not satisfied, and from which judgment they have appealed to this court.

We think the petition stated facts sufficient to constitute a cause of action. The contention that the state should have been made a party to the action was fully…