Bonthuis v. Great Northern Railway Co.

Citations

• 89 Wash. 442
• 154 P. 789
• 1916 Wash. LEXIS 701

Syllabus

<p>Waters and Water Courses — Damages—Obstructions—Evidence —Sufficiency. A recovery for obstructing a stream and overflowing plaintiffs’ lands is not sustained by tbe burden of proof, and should be set aside, where tbe plaintiffs’ evidence of an alleged dam caused by defendant’s accumulation of debris is very vague, no witnesses actually saw tbe dam during tbe overflow at high water, tbe debris collected after tbe water went down was not tbe result of defendant’s operations, and defendant’s evidence was to tbe effect that no debris was placed in tbe water by defendant, or collected to cause tbe overflow, but that tbe overflow was tbe natural result of floods.</p>