Legal Opinion

Morrison v. Bernot

Washington Supreme Court

Decided May 10, 1910No. 8437PublishedCited by 8 opinions

Appeal from a judgment of the superior court for Spokane county, Hinkle, J., entered May 8, 1909, dismissing, on motion of the plaintiff, an action and appellant’s cross-complaint therein seeking injunctive relief. Also, appeal from an order of said court, Sullivan, J., entered May 22, 1909, denying a temporary injunction to the appellant in a subsequent action commenced by him against the former plaintiff.

1Opinion of the CourtRudkin, C. J.

Many years ago Peter Morrison and others, owning lands along the shore of Sáltese Lake in Spokane county, and claiming title to the bed of the lake by virtue of their upland ownership, constructed a drainage ditch from the foot of the lake across certain lands now owned by John Bernot. Before the commencement of the two actions hereinafter mentioned, Bernot threatened to fill in the ditch to protect his lands from erosion and other injuries caused by its construction and maintenance. Morrison and others thereupon commenced an action in the superior court of Spokane county against Bernot to…

2Cases cited4 opinions

  1. Ehrman v. Astoria Railway Co.Oregon Supreme Court · 1894
  2. Gordon v. EllisonSupreme Court of Iowa · 1859
  3. Liebuck v. StahleSupreme Court of Iowa · 1885
  4. Carr v. CaseyIllinois Supreme Court · 1858

3Cited by8 opinions

  1. State v. MurleyWashington Supreme Court · 1949
  2. Bernot v. MorrisonWashington Supreme Court · 1914
  3. Deruwe v. MorrisonWashington Supreme Court · 1947
  4. In Re Bronson's EstateWashington Supreme Court · 1936
  5. Pacific Telephone & Telegraph Co. v. State Tax CommissionWashington Supreme Court · 1935

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