Holloway v. Geck

Citations

• 92 Wash. 153
• 158 P. 989

Syllabus

<p>Appeal — Review—Pleading — Amendments. Where objections to a complaint have been met by the proofs, the complaint will be deemed amended on appeal to conform thereto.</p> <p>Waters and Water Courses — Surface Waters — Discharge—Injunction — Relief. Injunctive relief against the collection and discharge of surface waters in a manner different from the natural flow will not be denied because the ditches are upon lands of a third person, where the defendants had owned such land at the time they made the ditches and are continuing to use the same.</p> <p>Same. A recurring injury by the continued collection and discharge of surface waters in a manner different from the natural flow may be enjoined, and the plaintiff is not relegated to an action for damages because the ditches have been completed.</p> <p>Same. Injunctive relief should not be granted against an owner’s draining one marsh on his premises into another where that was the natural outlet, although it lowered the level of the upper marsh, where it did not increase the volume of water passing to plaintiff’s land in the natural course of drainage.</p> <p>Same. In an action to restrain the drainage of surface waters through ditches upon the land of a third person, who was not a party to the action, the court is not warranted in requiring defendant to fill the ditches, injunction against their use being sufficient.</p>