Kiser v. Douglas County
Washington Supreme Court
Appeal from a judgment of the superior court for Douglas county, Steiner, J., entered February 21, 1910, upon sustaining a demurrer to the complaint, dismissing an action to restrain interference with certain springs, and to quiet title thereto.
1Opinion of the CourtChadwick, J.
Plaintiffs brought this action to restrain Douglas county from interrupting the flow of certain springs located in a highway which traverses their lands, and to quiet *243title thereto. Plaintiffs had developed the springs, gathered the waters, and conducted them to a reservoir, from which they drew water for domestic uses and for irrigation. The county answered, admitting that it had interrupted the flow, and set up as an affirmative defense that it had, more than ten years theretofore, developed the springs, and had gathered the waters and conducted a part thereof to a watering trough which it…
2Cases cited12 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Barto v. StewartWashington Supreme Court · 1899
- Postel v. City of SeattleWashington Supreme Court · 1906
- Wright v. AustinCalifornia Supreme Court · 1904
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3Cited by15 opinions
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- George v. City of Asheville, N. C.Court of Appeals for the Fourth Circuit · 1935
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