Inland Empire Railway Co. v. McKinley

Citations

• 48 Wash. 675
• 94 P. 644
• 1908 Wash. LEXIS 941

Syllabus

<p>Eminent Domain — Damages—To Lands Not Taken — Special Finding — Effect. Upon an award of damages to land by tbe erection of a dam, depriving tbe owner of tbe benefit of a fall of six feet causing a swift current through bis land, a special finding of tbe jury tbat tbe current was of no value as a water power for purposes of irrigating lands not taken, is conclusive upon tbe question as to tbe depreciation in value of tbe lands sought to be irrigated, where tbe issue was as to whether such current could be utilized for tbat purpose; and it was accordingly not error to exclude evidence of tbe depreciation in tbe value of tbe lands not taken which were to be irrigated.</p> <p>Same — Water Power Appurtenant to Lands. Upon condemnation of lands to be overflowed by the erection of a dam, which would deprive the owner of a swift current through his land valuable as a water power, the current is an appurtenant to the lands actually taken, for which damages are to be assessed with the land, and is not an appurtenant to other land not taken where the power had not been developed and made appurtenant to such other lands.</p>