Creech v. Boom

Citations

• 37 Wash. 172
• 79 P. 633

Syllabus

<p>Waters — Obstruction op Navigable Slough — Floating op Logs to Market — Delay—Damages—Items Recoverable — Pleading— Complaint — Supptciency. In an action for damages for tbe obstruction of a navigable slougb by tbe storage of logs therein, where it was alleged generally in the complaint, that the plaintiffs were prevented from putting their logs therein and bringing them to market, and were put to great delay and expense and prevented from using their logging engine and keeping their men employed, to their damage in the sum of $500, and $25 per day thereafter, it is proper, in the absence of a demand for a bill of particulars or motion to make more definite, to receive evidence that plaintiffs’ logging engine and crew of men were idle for a certain period, and that the crew was discharged and another hired at a higher rate of wages; since the complaint sufficiently covers such items of damage, and the obstruction was the natural and proximate cause thereof.</p> <p>Same- — Removal of Obstructions — Denial of Right — Measure of Damages — Instructions. In an action for damages for the obstruction of a navigable slough by the storage of logs therein, where the defendant denied that the same was navigable or a public highway, claiming the right to use and obstruct the same under a lease from abutting owners, it is proper to deny the defendant’s request for instructions to the jury to the effect that, if the plaintiffs could have removed the obstructions without a breach of the peace-, the measure of their damages would be the cost of such removal and damages for the delay during the time reasonably necessary to remove the same.</p>