State v. Ponten

This is an appeal from the judgment of the Spokane County Superior Court dismissing an action by the State of Washington, and holding that the state was not liable for the loss of water in wells of certain property owners, caused by an excavation for a freeway.1

There is no dispute as to the facts as found by the trial court, and we quote findings Nos. 2, 3 and 4 verbatim; other essential findings will be paraphrased.

Each of the defendants had, prior to the fall of 1962, upon his described lands one or more domestic water wells of various depths and the water from such wells was useful and…