Irwin v. J. K. Lumber Co.

Citations

• 119 Wash. 158
• 205 P. 424
• 1922 Wash. LEXIS 784

Syllabus

<p>Fish (6) — Licenses—Rights Under. Rights acquired under a roving fishing license, although fixed by a definite location and survey, are not vested rights in real property.</p> <p>Limitation of Actions (19, 19-1) — Injury to or Taking of Property. An action against a public service corporation for destruction of or injury to a fishing location, occupied under annual state licenses, is subject to the three-year statute of limitations [Rem. Code, § 159] for injuries to personal property or other injury to the person or rights of another, whether considered as an action in tort, or one of implied contract for taking property without condemnation and prepayment of compensation.</p> <p>Same (65-1) — Tolling—New Action After Failure of Former Action. Rem. Code, § 173, tolling the statute of limitations in case a judgment for the plaintiff be reversed if an action be commenced within one yean thereafter, does not apply where no cause of action was stated or existed when the first cause of action was commenced; hence limitations upon an action for damages to a fishing location are not tolled by plaintiff’s prior injunction suit in which .judgment for plaintiff was reversed on the ground that injunction did not lie against the public service company.</p>