Healy v. Everett & Cherry Valley Traction Co.

Citations

• 78 Wash. 628
• 139 P. 609
• 1914 Wash. LEXIS 1072

Syllabus

<p>Logs and Logging — Deeds — Reservation op Timber — Construction. A reservation in a deed of lands, of all the merchantable standing timber, together with the privilege of removing the same and right of way therefor, reciting that acceptance of the deed confirms “said privilege and1 right of way, irrevocable until the removal of said timber,” reserves the timber and right of removal “forever,” and not merely for a reasonable time.</p> <p>Same. A deed reserving the standing timber and the “right of way where and along whatever route may be necessary to remove the same,” the time for removal being unlimited, has reference to the condition of the land at the time of removal; and does not require the grantee to keep open the sloughs and bodies of water which at high water were a convenience for floating out the logs, if a reasonable right of way still exists and1 is available.</p> <p>Navigable Waters — Navigability — Evidence — Sufficiency. Sloughs which at times are filled by surface or flood waters from a river, are not “water courses” or “navigable” for timber products, so as to entitle the owner of timber to use them free of obstructions, especially across lands not owned by him.</p> <p>Trespass — Cutting Timber — Damages. A railroad company is liable for the value of timber cut and used by it and its agents in the construction of its road.</p>