Engstrom v. Edendale Land Co.

Citations

• 77 Wash. 658
• 138 P. 302
• 1914 Wash. LEXIS 958

Syllabus

<p>Eminent Domain — Persons Entitled — Irrigation Company. An irrigation company entitled to cross the lands of another and divert part of the waters of a creek thereon, having abandoned the old right of way under a license to use another way, has the right to condemn a necessary right of way across such lands to the creek, upon revocation of the license.</p> <p>■Eminent Domain — Rightful Possession — Ejectment—Stay to Permit Condemnation Proceedings. Upon ejectment to oust a common carrier of water from a right of way which it was using by permission, the suit is properly stayed for thirty days to allow the defendant to bring a condemnation suit to acquire the right of way.</p> <p>Same — Stay—Damages. In such a case, it is error to assess the plaintiff’s damages for the trespass at ?50, to be paid at once, irrespective of the damages to be ascertained in the condemnation proceedings, which will cover all damages.</p>