Kiser v. Douglas County

Citations

• 70 Wash. 242
• 41 L.R.A.N.S. 1066
• 126 P. 622
• 1912 Wash. LEXIS 1037

Syllabus

<p>Counties — Actions—Conditions Precedent — Claims—Necessity. Rem. & Bal. Code, § 3918, requiring claims against a county to be presented to the county commissioners for allowance before any action can be brought thereon has no application to an equitable suit to restrain the county from interfering with or diverting the flow of springs claimed by the plaintiff.</p> <p>Waters and Water Courses — Springs—Prescription—Rights oe Public — Counties—Highways. Springs which were originally open to appropriation may become the subject of a prescriptive right acquired by the public for a watering trough in the highway through adverse use for the statutory period.</p>