Hathaway v. Yakima Water, Light & Power Co.

The opinion of the court was delivered by

Gordon, J.

The respondent brought this action for the purpose of enjoining appellant from keeping and maintaining a water way or waste dftch across certain lands. The controlling facts in the case can best be stated by setting forth the findings of the lower court. They are as follows:

“First. That at all times mentioned in the complaint herein the plaintiff was and how is the owner in fee simple of all those certain lots, tracts or parcels of land situate, lying and being in the county of Yakima, State of Washington, and particularly described. as…