Judson v. Tide Water Lumber Co.

Citations

• 51 Wash. 164
• 98 P. 377
• 1908 Wash. LEXIS 988

Syllabus

<p>Appeal — Review—Findings. In an action at law tried by the court without a jury, findings upon conflicting evidence will not be disturbed on appeal where the trial court heard the witnesses and viewed the premises and there appears no preponderance of the evidence against the findings.</p> <p>Navigable Waters — Riparian Rights — Obstructions. Riparian owners on a navigable tidal river have the right to have the waters flow by their lands in a natural way, and to prevent obstructions or diversion thereof whereby their banks are being washed away; and in such case equity has power to order the removal of the obstructions, in addition to awarding damages.</p> <p>Same — -Defenses—-Riparian Rights — Owners of Tide Lands. The ownership of tide lands by a riparian owner along the bank of a navigable river does not give any right to place obstructions in the river diverting the flow of the waters to the damage of other riparian owners.</p> <p>Same — Navigability. Where a channel in a navigable river between the shore and a sand bar is navigable by row boat at half tide, and at full tide carries six feet of water, the same is navigable in fact.</p> <p>Same — -Damages for Obstructing River — Excessiveness. A judgment for $11,250 damages for tlie obstruction of a navigable river, whereby the water was diverted and two and a quarter acres of the plaintiffs’ land washed away, is not excessive, where there was evidence that the land was worth $5,000 per acre.</p>