Gilson v. Cascade Lumber Co.

Citations

• 54 Wash. 289
• 103 P. 11
• 1909 Wash. LEXIS 987

Syllabus

<p>Waters — Riparian Rights — Obstructions—Act of God — Question for Jury. Whether floods and an ice jam were so unusual and extraordinary as to be deemed an “act of God” is a mixed question of law and fact, to be determined by the jury under proper instructions, in an action by a riparian owner for damages for obstructing the stream.</p> <p>Waters — Obstructions—Damages—Negligence. Damages from obstructions in a river, causing an overflow of lands, may be recovered irrespective of negligence on the part of defendant in the maintenance of dams, booms, or piers near plaintiffs lands, as the injury is not the natural result of the use of the stream as a highway.</p>