Burrows v. Grays Harbor Boom Co.

Citations

• 44 Wash. 630
• 87 P. 937
• 1906 Wash. LEXIS 893

Syllabus

<p>Navigable Waters — Obstruction'—Riparian Rights' — Logs and Logging — Boom Companies. The right of riparian owners to the unobstructed navigation and use of the waters of a meandered navigable stream is not in any way affected by the statutory provisions (Laws 1889-90, p. 470, § 1) authorizing the incorporation of boom companies and conferring power on such companies to acquire and use real and personal property necessary for carrying on the business of booming logs, by the right of eminent domain. '</p> <p>Same — Statutes—Construction. The act of 1895, p. 128, § 4, wherein it is provided that nothing therein shall he construed to authorize a boom company to injure or damage any property, shows the legislative intent that such companies, whether incorporated before or after the act, should have no exclusive right of navigation or authority to obstruct the stream; since the same was, in part, an act to enlarge the power of boom companies theretofore incorporated.</p> <p>Same — Eminent Domain. The legislature has no power to confer authority upon a boom company to overflow the land of riparian proprietors or to make any use of or injure the land above the line of ordinary high water, or encroach upon the hanks of a navigable river, as the same would he a taking or damaging of property without first making compensation therefor, in violation of Const., art. 1, § 16.</p> <p>Same. There is no distinction as to the rights of riparian owners to injunction between meandered and nonmeandered streams, as far as the right of boom companies to float logs is concerned.</p> <p>Same — Right oe Boom Company to Obstruct Stream — Negligence. The reasonable care of a boom company in its operations of floating and booming logs does not justify an obstruction of navigation and injury to the lands of a riparian owner, where there is actual invasion of constitutional rights and a permanent taking, use and damaging, by the overflowing of, and lodging of logs, on the land, and the use of