Dawson v. McMillan

Citations

• 34 Wash. 269
• 75 P. 807
• 1904 Wash. LEXIS 347

Syllabus

<p>Waters — Navigability—Sueeiciency oe Evidence. A channel in a slough forming an arm of Puget Sound, which, while the tide ebbs and flows therein, is used as a public highway for boats and for rafting and towing logs, is navigable water, since it is navigable in a legal sense if it is in fact, although it may not be navigable at low tide.</p> <p>Same — Bed oe Navigable Waters — Sale by State — Obstructions by Purchaser. The sale of tide lands by the state is subject to the paramount right of the public in the navigable waters thereon, and confers no right to obstruct navigation therein.</p> <p>Same — Public Nuisance — Obstruction to Navigation — Who May Maintain Action — Parties Specially Injured. Owners of timbered lands whose only means of getting logs to market is by the use of certain navigable waters, are specially damaged by an obstruction of the same which prohibits such use of the waters, and may maintain an action to enjoin such obstruction as a public nuisance.</p>