Crescent Mill & Transportation Co. v. Hayes

Citations

• 2 Cal. Unrep. 577
• 8 P. 692

Syllabus

<p>Obstruction of Navigable Water—Injunction—Averment of Special Injury.—In an action to enjoin defendants from interfering with the navigability of Lake Earl, which was declared by the legislature to be navigable, the complaint shows special injury to the plaintiff where it avers that plaintiff is the owner and in possession of a mill situated on Lake Earl; that it has been such owner and so possessed of this mill for thirteen years next last past; that plaintiff’s business is the manufacture of lumber for sale at this mill; that it is necessary that plaintiff should use said lake in transporting the saw-logs cut from its lands to said mill; and that what defendants threaten to do will destroy the navigation of said lake, so that the logs cannot be transported to said mill.1</p>