Bryant v. Frank H. Lamb Timber Co.

Citations

• 37 Wash. 168
• 79 P. 622
• 1905 Wash. LEXIS 692

Syllabus

<p>Waters — Riparian Rights — Injunction Against Flooding— Evidence — Failure or Prooe. In an action brought by a lower riparian owner to recover damages for the flooding of plaintiff’s land, the complaint stating also a second cause of action for an injunction against the maintenance of a dam, in which, the cause of action for damages was submitted to a jury, there is a total failure of proof as to the second cause of action for an injunction, and the same is properly dismissed, where said cause was submitted to the court upon the testimony introduced at the jury trial, which was confined to the injuries already received, without proof that the dam is still maintained or that the injury will be repeated in the future.</p>