Lynch v. Lower Yakima Irrigation Co.
Citations
- 73 Wash. 173
- 131 P. 829
- 1913 Wash. LEXIS 1573
Syllabus
<p>Waters and Water Courses — Public Lands — Irrigation Ditches —Appropriation—Priorities. Under U. S. Comp. Stat. § 2339, recognizing the right to construct irrigation ditches over the public domain, and conferring vested rights therein, and § 2340, providing that patents granted shall be subject to vested and accrued rights in the ditches, the right to appropriate a right of way for a ditch is acquired, where the ditch was under construction but not completed at the time a lieu land selection was ms.de, the owner of the ditch having a reasonable time thereafter to complete it, although he did not file any map of location; since 26 Stat. at L. p. 1102, § 19, providing for the appropriation of rights of way for irrigation ditches by the filing and approval of a map of location of the ditch and reservoir, has no application to such a case.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that it is for a jury to decide whether the railroad’s warnings “were adequate under the circumstances”
- administrative selection of lands is conclusive in the absence of bad faith, arbitrary, capricious, or fraudulent action
- “A violation by railroad employees of a regulation adopted by the railroad itself with respect to the speed of a train may be considered in determining the due care of the railroad company in an action for injury to persons or property at a highway crossing.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Main
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.