Habermann v. Ellensburg Gas & Water Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Kittitas county, Kauffman, J., entered January 6,1917, in favor of the defendant, dismissing consolidated actions to enjoin the diversion of the waters of certain streams, tried to the court.
1Opinion of the CourtMount, J.
These two cases were consolidated for the purpose of trial and appeal. At the close of the cases, the trial court' denied injunctive relief and dismissed the actions without prejudice to the rights of *230the appellants to prosecute an action at law for damages against the respondent.
It appears that two streams have their origin in the mountains of Kittitas county. One of these streams, known as Wilson creek, enters the valley from a canyon and flows in a southeasterly direction a short distance. The other stream, known as Nanum creek, enters the valley from a canyon adjacent to Wilson creek and…
2Cases cited2 opinions
- Domrese v. City of RoslynWashington Supreme Court · 1916
- Longmire v. Yakima Highlands Irrigation & Land Co.Washington Supreme Court · 1917
3Cited by3 opinions
- Brazil v. City of AuburnWashington Supreme Court · 1980
- Ellensburg Ice & Cold Storage Co. v. City of EllensburgWashington Supreme Court · 1922
- Price v. Humptulips Driving Co.Washington Supreme Court · 1921