Washougal & LaCamas Transportation Co. v. Dalles, Portland & Astoria Navigation Co.

Citations

• 27 Wash. 490
• 68 P. 74
• 1902 Wash. LEXIS 417

Syllabus

<p>BOUNDARIES —- GRANTS BY GENERAL GOVERNMENT-MEANDER LINES-HIGH WATER MARK-SHORE LANDS-TITLE OF STATE.</p> <p>Grants made by the federal government of portions of the public lands bordering on or bounded by navigable waters convey the title to ordinary high-water mark, where the meander line and the line of ordinary high-water m!ark do not correspond, notwithstanding the tract is described in the grant as bounded by the meander line of such waters; consequently the title relinquished to the state by the general government to all' tide and shore lands is applicable only to such lands as lie between high and low-water mark, not such as lie between the meander line and low-water mark. (Scurry v. Jones, 4 Wash. 468, and Cogs-well v. Forrest, 14 Wash. 1, distinguished.)</p> <p>SAME-TITLE TO LAND CREATED BY EROSION AND FILLS.</p> <p>The state cannot assert title to shore lands upon navigable waters within the boundaries of private ownership, when such lands have been formed by the erosion of the banks or fills caused by artificial means.</p> <p>APPEAL-EQUITY CASES-ABUSE OF COURT'S DECISION IN RE-OPENING CASE FOR EVIDENCE — • HARMLESS ERROR.</p> <p>Although a trial court may have abused its discretion in reopening a case and admitting additional testimony after it had been closed, the supreme court would not, in an equity case which it tries de novo, do more than disregard such evidence and would determine the case on what was properly in the record.</p>