Murphy v. Calispel Duck Club

This action was brought to recover for loss of hay crops for three years alleged to have been sustained by the flooding of one hundred and twenty acres of plaintiffs’ land in Pend Oreille county by waters from defendant’s dam. The trial of the cause to a jury resulted in verdict for four hundred dollars in favor of the plaintiffs. Prom judgment entered on the verdict, the defendant appealed.

Conceding, arguendo, the land of respondents was overflowed as alleged, and hay crops were damaged, appellant contends that it acquired by prescription the right to overflow the respondents ’ land.

There is…