Dement Bros. v. City of Walla Walla

Citations

• 58 Wash. 60
• 107 P. 1038
• 1910 Wash. LEXIS 889

Syllabus

<p>Waters and Water Courses—Diversion—Damages—Evidence— Sufficiency. In an action against a city for the wrongful diversion of the' waters of a creek, the fact that riparian owners were also diverting the water is no defense, where they were using only the amount to which they were entitled and no material damage would have resulted to plaintiff but for the substantial diversion made by the city.</p> <p>Same—Measure of Damage. The measure of damages for diverting water from a mill power, where electrical machinery was installed to operate the mill, is the cost of operating the same.</p> <p>Same—Diversion—Damages—Evidence—Sufficdsnc'y. An owner of a mill may recover damages for the diversion of the waters of a stream used for power purposes, although the mill formerly shut down during the dry season because of insufficient water to run the mill, where it appears that while there was a general shortage through the winter months, even during the dry season there had been power enough to elevate and clean grain and run a feed mill.</p> <p>Same —■ Diversion — Streams — Channels. Where springs, the principal source of a city supply, are fed by waters diverted by the city from a stream, so that the diverted waters can be traced as a part of the surface flow, a lower proprietor on the stream may recover his damages caused by the diversion.</p>