Spokane Mill Co. v. Post

Citations

• 50 F. 429
• 1892 U.S. App. LEXIS 1740

Syllabus

<p>1. Navigable Wateks — Obstbuction—Nuisance.</p> <p>Rivers and streams, when of such size and channel that they may bo used for the purpose of floating logs or in the transportation of any article of commerce, are public highways. While any obstructions placed in the same which will prevent sneh use are a public nuisance, they may be abated upon the action of a private individual who suffers some special damage, not common to the entire community.</p> <p>2. Same — Pleading.</p> <p>The party asking such abatement must allege and show that the commerce for which he would utilize the stream is lawful.</p> <p>(Syllabus ⅜ the Court.)</p>