Durga v. Lincoln Creek Lumber Co.

Citations

• 47 Wash. 477
• 92 P. 343
• 1907 Wash. LEXIS 790

Syllabus

<p>Actions—Joinder op Causes. Under Bal. Code, § 4793, an action may be maintained for both legal and equitable relief.</p> <p>Waters—Riparian Rights—-Reasonable Use—Limitations. The reasonable use of waters by a riparian owner operating a mill does not extend to the flooding of adjacent lands by the maintenance of dams for a water power necessary to run the mill.</p> <p>Same—Damages—Injunction—Grounds. Where there is natural drainage from plaintiff’s lands across the land of an adjoining owner to a creek, the flooding of the adjoining owner’s lands so as to flood any part of plaintiff’s lands, or so as to cause the water to stand near the surface, or prevent drainage thereof, rendering the land unfit for cultivation, -entitles plaintiff to injunctive relief.</p> <p>Same—Estoppel. A settlement and acceptance of the damages done in one year by flooding plaintiff’s lands does not estop plaintiff from seeking injunctive relief in a following year.</p>