Packwood v. Mendota Coal & Coke Co.

Citations

• 84 Wash. 47
• 146 P. 163
• 1915 Wash. LEXIS 753

Syllabus

<p>Waters and Water Courses — Pollution—Riparian Rights — Domestic Use. An upper riparian owner, a coal mining company, has no right to use the waters of a stream for washing coal and turn the water back into the stream polluted with foreign substances rendering it unfit for domestic and farm purposes, thereby causing substantial damages to a lower riparian owner entitled to the use of the stream in its natural purity for agricultural and domestic purposes and watering stock.</p> <p>Appeal — Review—Harmless Error — Evidence. Reversible error cannot be claimed in the admission of relevant testimony as to one of the defendant’s acts in polluting a stream, of which there was insufficient evidence to support that item of the complaint, which was practically abandoned; there being no motion made to exclude the evidence, and no requests for instructions thereon.</p>