City of Walla Walla v. Dement Bros.

Citations

• 67 Wash. 186
• 121 P. 63
• 1912 Wash. LEXIS 1144

Syllabus

<p>Eminent Domain — Damages —■ Evidence — Admissibility. Upon condemnation of twenty-two cubic feet of water to be taken from a creek thirteen miles above defendant’s mill site, evidence is admissible to show that it would not result in a loss of that much water at the point of defendant’s property; inasmuch as the ordinance to condemn the same did not show an intent to condemn water all of which belonged to defendant.</p> <p>Judgment — Bar — -Res Judicata — Matters Determined. An injunction against the diversion of water from a creek until riparian rights are condemned and awarding damages for past diversions, is not an adjudication that the taking of twenty-two cubic feet of water thirteen miles above appellant’s property would amount to a loss of that much water at the point of appellant’s property.</p> <p>Appeal — -Review-—Verdict. An award in condemnation will not be reversed on appeal as inadequate, where it is well within the evidence of disinterested witnesses, and the trial court refused to interfere after hearing and seeing the witnesses.</p>