State ex rel. United Tanners Timber Co. v. Superior Court

Citations

• 60 Wash. 193
• 110 P. 1017
• 1910 Wash. LEXIS 1026

Syllabus

<p>Navigable Waters — Floatable Stream — Logs and Logging. A stream is navigable for the floatage of timber products, where during natural freshets occurring in the winter, spring, and fall, for varying periods of from one day to several days, it is floatable for saw logs, and is used at all times for floating shingle bolts; and the fact that use of the shores and improvements will add materially to the convenience does not affect the question of its navigability.</p> <p>Same — Shore Rights — Driving Logs. Shore rights required to facilitate the driving of logs must be acquired by private treaty or condemnation.</p> <p>Logs and Logging — Boom Companies — Sites. A boom company has a discretion as to the location of its boom site which cannot be controlled by the courts, in the absence of bad faith or legislative restriction.</p> <p>Same — Navigable Waters — Obstruction by Boom. A boom company may temporarily obstruct a river for such time as may be necessary to sort and pass the logs of the owners below.</p> <p>Eminent Domain — By Boom Company — Interests of Stockholders. The interest of the stockholders of a boom company in a lumber company and a connecting railway, inviting monopolistic control of the industry by them, is no objection to condemnation proceedings by the boom company; since the companies are public service corporations bound to give reasonable service and are amenable to control by the public authorities.</p>