Gostina v. Ryland

Citations

• 116 Wash. 228
• 199 P. 298
• 18 A.L.R. 650
• 1921 Wash. LEXIS 824

Syllabus

<p>Adjoining Landowners (3)—Encroachments. An adjoining property owner having an absolute legal right, under Rem. Code, § 943, to an action to abate a nuisance caused by overhanging branches of trees, the defendants cannot defend on the ground that the action is inspired by spite.</p> <p>Nuisance (5)—Private Nuisance—Grounds for Injunction. Acquiescence for several months in a nuisance occasioned by overhanging branches and the spreading vines of a creeping plant would not constitute an estoppel against a right of action by an adjoining owner to abate the nuisance occasioned thereby. ■</p> <p>Estoppel (48)—Equitable Estoppel—Acquiescence—Laches. In an action to abate a nuisance under Rem. Code, § 943, granting the right where there is an obstruction to the free use of property essentially interfering with the enjoyment of life and property, proof of some actual and sensible damages, although insignificant, will sustain plaintiff’s right to have the nuisance abated.</p> <p>Mackintosh and Bridges, JJ., dissent.</p>