State ex rel. Pealer v. Superior Court

Citations

• 58 Wash. 565
• 109 P. 340
• 1910 Wash. LEXIS 969

Syllabus

<p>Navigable Waters—Obstruction—Logs and Logging—Booms— Nuisances—Eminent Domain. Rem. & Bal. Code, § 7122, granting boom and driving companies the right to construct booms and splash dams for the driving of logs and timber products, under the right of eminent domain, provided that the “outlet” of the stream is not obstructed, by necessary implication gives the right to obstruct restricted navigation in small streams at times, where such use is necessarily an exclusive one; and such obstruction would not fall within the general statutes defining nuisances, or be a valid objection to eminent domain proceedings to condemn the right to overflow lands.</p> <p>Navigable Waters—Navigability—Federal Statutes. A stream is not navigable in the Federal sense, within 26 Stat. 454, § 10, prohibiting an obstruction to the navigable capacity of waters over which the United States has jurisdiction, where it was only navigable in a restricted sense for a distance of three or four miles at high tide for small boats drawing three or four feet of water.</p>