Price v. Humptulips Driving Co.

Citations

• 116 Wash. 56
• 198 P. 374
• 1921 Wash. LEXIS 788

Syllabus

<p>Waters and Water Courses (58)—Prescription—Adverse Character of Appropriation. The filing by a public service corporation with the secretary of state of the plat and notice required by law showing that it was organized for the purpose of driving logs in a certain river was not sufficient to initiate an adverse claim or assertion of a legal right necessary to the support of prescriptive title.</p> <p>Injunction (10, 11, 43)—Defenses—Laches—Inconvenience to Public. Where plaintiffs acquiesced for a long series of years in the use by a public service corporation of splash dams to produce artificial freshets, the plaintiffs themselves making use of the freshets for the same purpose, and having knowledge that such use of the stream caused erosion of their lands, their application to enjoin further use of the stream by defendant should be denied, since injunctive relief would cause serious public inconvenience and loss without corresponding advantage to plaintiffs.</p>