Monroe Mill Co. v. Menzel

Citations

• 35 Wash. 487
• 70 L.R.A. 272
• 77 P. 813
• 1904 Wash. LEXIS 475

Syllabus

<p>Waters — Stream Navigable for Shingle Bolts — Pleadings— Complaint to Enjoin Obstruction — Averments Not Inconsistent. An averment in a complaint that a stream is navigable tur shingle bolts is not negatived by another averment that plaintiff had constructed a dam for the purpose of furnishing a sufficient supply of water to conveniently and rapidly float shingle bolts and other timber products down said stream; and it was not error to admit evidence supporting such a complaint.</p> <p>Same — Riparian Rights — Acquiescence in Unlawful Use of Stream — Estoppel—Pleadings—Sufficiency of Complaint. Averments in a complaint that plaintiff cleared a stream of obstructions on defendant’s land, in order to facilitate the floating of shingle bolts, that defendant acquiesced therein, assisted in cleaning out such obstructions, and thereafter used the benefits therefrom and the flow of water as furnished by a dam constructed by plaintiff for a period of two years, are not sufficient to plead an estoppel against defendant’s objecting to the interference by plaintiff with the natural flow of the stream; but such failure to show an estoppel does not defeat the plaintiff’s action for an injunction, where by other averments it appears that the stream is navigable and defendant threatens to obstruct the same.</p> <p>Same — 'Navigability of Stream — Freshets—Lower Riparian Rights. A str.eam which in its natural state is capable of floating shingle bolts after heavy rains and during freshets which occur with periodic regularity in the spring and fall of each year, without the storage of water by a dam, is a navigable stream for that purpose, and plaintiff is entitled to use it as such across the lands of a lower riparian proprietor, and interference with such right will be enjoined.</p> <p>Same — Obstructions — Detention and Release of Water — ■ Overflow. The maintenance of a dam and the detention of the water in a stream which is navigable for the purpose of floating shingle bolts