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· 5/1/1909

Hastie v. Jenkins

Citations

  • 53 Wash. 21
  • 101 P. 495
  • 1909 Wash. LEXIS 1265

Syllabus

<p>Appeal — Review-—Evidence—Harmless Eeror. Error in the admission of evidence in an equitable case is harmless.</p> <p>Waters and Water Courses — What Are — Lakes—Obstruction— Injunction — Damaoes—Evidence—Sloteiciency. A dam causing the overflow of lands bordering upon a depression, swamp or lake, is an unlawful obstruction of a natural water course, and not a mere protection against surface waters, where it appears that the depression or lake was practically a continuation of, and received the overflow from, another lake, and that the water course had a well defined channel, was the natural outlet of the lakes, and was the only means of discharging the waters thereof during high water season; and such obstruction will be enjoined, with damages for its maintenance.</p>

Judges: Dunbar

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