Matthews v. Belfast Manufacturing Co.

Citations

• 35 Wash. 662
• 77 P. 1046
• 1904 Wash. LEXIS 495

Syllabus

<p>Eminent ' Domain — Waterways—Logging—Condemning Right to Use Stream for Floating Logs. A private corporation wbicb is not a boom company is not entitled to exercise tbe right of eminent domain against a lower riparian owner for tbe purpose of facilitating tbe floating of logs down a stream by means of dams and artificial freshets, wbicb damage the lower proprietor and interfere with his use of tbe stream.</p> <p>Waters — Navigation—Floating Logs — Nuisances — Dams —■ Artificial Freshets — Injunction. Tbe floating of logs down a stream by means of dams and artificial freshets at a time of the year when it is not navigable in its natural state, is an abuse of the right of navigation, for which an injunction will lie at the suit of riparian owners injured thereby.</p> <p>Same — Injunction—Terms of. In such a case an injunction is not too sweeping where it permits the defendant to use its dam for lawful purposes.</p> <p>Same — Defenses — Improper Use of Stream:. An action to enjoin the defendant’s abuse of the rights of navigation, by the use of dams and the creation of artificial freshets in a logging stream, will not be defeated by the fact that the plaintiff, also, maintains a dam for the same purpose, where the evidence shows that his use thereof is reasonable and proper, and his dam is not a nuisance.</p>