Berryman v. East Hoquiam Boom & Logging Co.

Citations

• 68 Wash. 657
• 124 P. 130
• 1912 Wash. LEXIS 1347

Syllabus

<p>Waters and Water Courses —Splash Dams — Prescription— Easements — Logging. Open, notorious, and continuous use of a nonmeandered stream for more than ten years, under a claim of right (a notice of appropriation filed with the secretary of state under Rem. & Bal. Code, §7199), for the purpose of floating logs by means of splash dams, creates an easement and right to make use of the stream, as against subsequent purchasers of riparian lands who knew of,such use at the time of their purchase and acquiesced therein until the prescriptive period had run.</p> <p>Easements — Reasonable Use — Injunction. Injunction will not lie to restrain the use of splash dams in a stream for logging purposes, under a right acquired by prescription, where there was no unusual or negligent use of the easement.</p>