Peters v. Lewis
Citations
- 28 Wash. 366
- 68 P. 869
- 1902 Wash. LEXIS 495
Syllabus
<p>APPEALABLE ORDER-INJUNCTION-SUSTAINING DEMURRER TO COMPLAINT.</p> <p>An order sustaining a demurrer to a complaint in injunction is a final order and hence appealable, when the plaintiff refuses to plead further, though the effect of the court’s ruling is the denial of a temporary injunction, since the matter determined is the sufficiency of the complaint and not the necessity for the issuance of a restraining order.</p> <p>SURFACE WATERS-DRAINAGE FROM HIGHER TO LOWER GROUND-REMEDY OF LOWER PROPRIETOR.</p> <p>When surface water is collected and discharged upon adjoining lands in quantities greater than, or in a manner different from, the natural flow, a liability accrues for the injury occasioned thereby, and where the injury is a continually recurring one, incapable of being compensated in damages, injunction is the proper remedy.</p> <p>SAME-ENJOINING UNNATURAL FLOW OF SURFACE WATERS-SUFFICIENCY OF COMPLAINT.</p> <p>In an action to enjoin the discharge of drainage upon plaintiff’s premises, a complaint is good, as against demurrer, for the purpose of showing more than a natural surface flow from defendant’s premises upon those of plaintiff, when it alleges that “the defendants have said two buildings so erected and situate on their said premises that the drainage from said two buildings is discharged upon plaintiff’s said above-described premises.”</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[W]hen surface water is collected and discharged upon adjoining lands in quantities greater than, or in a manner different from, the natural flow, a liability accrues for the injury occasioned thereby.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hadley
Read full opinion on CourtListenerCited by
12 cases in this archive cite this case.
- Hedlund v. WhiteCourt of Appeals of Washington· 1992-09-09· cited 30×
- Harvey v. Northern Pacific Railway Co.Washington Supreme Court· 1911-06-26· cited 25×
- Trigg v. TimmermanWashington Supreme Court· 1916-04-21· cited 21×
- Morton v. HinesWashington Supreme Court· 1920-10-04· cited 18×
- Whiteside v. Benton CountyWashington Supreme Court· 1921-02-07· cited 18×
- Peters v. LewisWashington Supreme Court· 1903-12-29· cited 16×
- Holloway v. GeckWashington Supreme Court· 1916-07-11· cited 9×
- Snohomish County v. PostemaCourt of Appeals of Washington· 1998-11-09· cited 7×
- Toole v. Paumie Parisian Dye HouseMontana Supreme Court· 1934-12-04· cited 5×
- Rohsnagel v. Northern Pacific Railway Co.Washington Supreme Court· 1912-07-01· cited 5×
- Masoero v. J. A. Campbell & Co.Washington Supreme Court· 1909-04-13· cited 1×
- Snohomish County v. PostemaCourt of Appeals of Washington· 1999-06-04
Other cases named Peters v. Lewis
1 other CourtListener record shares this case name.
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