Barnes v. Gerberg

Citations

• 27 Wash. 126
• 67 P. 568
• 1902 Wash. LEXIS 371

Syllabus

<p>WATER COURSES-ACTION TO RESTRAIN DIVERSION OF WATER-DECREE IN FORMER ACTION-ADMISSIBILITY OF ORIGINAL IN EVIDENCE.</p> <p>In an action to restrain interference with the flow of water in a creek, the introduction in evidence of the original decree in a prior case, whereby the rights of all parties to .the waters of such creek for irrigation purposes had been finally determined, was not reversible error, although a copy thereof had not been furnished to be filed as an exhibit, since the mere fact of failure to preserve the record complete in both eases could not prejudice the parties in any way.</p> <p>SAME-SUFFICIENCY OF EVIDENCE.</p> <p>A decree restraining defendants from interfering witli the flow of water in a creek to the injury of plaintiffs is warranted, where the evidence shows that a dam had been several times built by some one across the creek below what was known as the “south channel,” thereby diverting the water into such south channel, the entrance of which had also been deepened; that defendants disclaimed having interfered in any way with the flow of the water in the main channel, but the flow through the south channel inured to their benefit by conducting the water upon their premises.</p>