Griffith v. Holman

Citations

• 23 Wash. 347
• 54 L.R.A. 178
• 63 P. 239
• 1900 Wash. LEXIS 365

Syllabus

<p>PUBLIC NUISANCE-ABATEMENT.</p> <p>A public nuisance can be abated only by a public officer, except where the party who desires to abate it has some special interest in the abatement which is different from and greater than the interest of the community.</p> <p>NON-NAVIGABLE STREAMS.</p> <p>An unmeandered fresh-water river averaging in width about forty feet, and in depth about four feet during high water and two feet during low water, in some places during the low stage being as shallow as six inches, and which has never been navigated except by row boats of ordinary size, run up and down the 'river by persons fishing for pleasure, is a non-navigable stream.</p> <p>SAME-RIGHTS OF RIPARIAN PROPRIETOR — RIGHT OF FISHERY.</p> <p>The riparian proprietor upon the banks of a non-navigable, fresh-water stream, owns the exclusive right of fishery in the waters flowing opposite his land, as far as the middle of the stream.</p> <p>SAME-BIGHT TO FENCE.</p> <p>One who owns both banks along a non-navigable stream has title also to the land in the bed of the stream, and may lawfully place a fence across a stream thus flowing through and over his land.</p>