Noyes v. Cosselman

Citations

• 29 Wash. 635
• 70 P. 61
• 1902 Wash. LEXIS 623

Syllabus

<p>SURFACE WATER — ARTIFICAL DIVERSION OVER LANDS OF ADJOINING OWNER.</p> <p>Au owner of land upon wbieb there is a natural accumulation of water into a swamp or lake, has no right to improve his land by draining such waters from one portion of his land through a natural barrier to another portion, whence it would escape over the lower lands of an adjoining proprietor; and the fact that the latter had the right to protect himself against such waters by diking or ditching would not cause the act t'o fall under the rule of damnum dbsoue injuria. (Cass v. Dicks, 14 Wash. 75, distinguished.)</p>