Nicomen Boom Co. v. North Shore Boom & Driving Co.

Citations

• 40 Wash. 315
• 82 P. 412
• 1905 Wash. LEXIS 982

Syllabus

<p>Logs and Logging — Boomage Corporations —■ ’Location — Preference Rights — Future Needs of Public. A boom company being, under the statute of this state, a public service corporation, has a preference right to construct a boom within its located territory, in. analogy to the rights of a railroad company conferred by its selection of a route, and it has the right to anticipate the future needs of service for the public.</p> <p>Same — Non-User of. Part of Location — Needs of Public — Extension of Boom — Diligence. Nonuser of a portion of a boom company’s location, duly appropriated by the filing of a plat and survey, does not constitute an abandonment of that part, when the needs of the public did not then require it, and it had constructed such portion of its works as were required by existing demands, and there was no lack of diligence to construct an extension of the boom over the portion not used.</p> <p>Same — Diligence—Evidence—Sufficiency. A finding that there is no lack of diligence by a boom company in making use of its location is sustained, where it had always intended to make an extension when required, had spent $16,000 on its primary location, which met present demands, and was proceeding to make an extension.</p> <p>Same — Non-User—Reversion of Condemned Lands When Use Ceases — Lands Not Yet Used. Bal. Code, § 4378, providing that if the use of lands condemned for booming purposes shall cease for one year, they shall revert to the owner, applies only to lands condemned, and does not apply to lands located with reference to future needs the necessity for the use of which has not arisen.</p> <p>Same — Monopoly of Stream — Good Faith of Locator — Necessary Control of ¡stream. The argument against a monopoly does not preclude a boom company from so locating its site as to control the booming on a certain river, if the available booming extent is such as to reasonably prevent the operation of more than one boom.</p>