Watkins v. Dorris

Citations

• 24 Wash. 636
• 54 L.R.A. 199
• 64 P. 840
• 1901 Wash. LEXIS 584

Syllabus

<p>INJUNCTION-WRONGFUL ISSUANCE OF TEMPORARY INJUNCTION-DISSOLUTION ON FINAL HEARING- — NO REMEDY BY APPEAL.</p> <p>The action of the court in granting and continuing a temporary injunction pending the final disposition of an action cannot be reviewed on appeal, where the temporary injunction was dissolved on final hearing, but the remedy of defendant, if injured by its wrongful issuance, is by suit upon the injunction bond.</p> <p>NON-NAVIGABLE STREAMS — WHEN PUBLIC HIGHWAYS — FLOATABUITY FOR LOGS.</p> <p>A stream eighteen miles long, with an average width of one hundred feet and depth of three feet, which can, during annually recurring freshets, be used profitably for the floating of logs to market, must be held to be a public highway for the purpose of floating logs and timber products, within the contemplation of Bal. Code, §§ 4378-4386, which provide that, for the purpose of booming and floating logs and timber products, all navigable waters in the state shall be deemed public highways.</p> <p>SAME- — -PERSONS ENTITLED TO USER.</p> <p>The statutes of this state which declare non-navigable streams upon which logs can be made floatable public highways and authorizing their use as such by corporations organized for booming and floating logs, must be held as conferring the same rights upon individuals.</p> <p>SAME-OWNERSHIP OF BED OF STREAMS.</p> <p>Art. 17, § 1, of the constitution,, which reserves title to the state in the beds of all navigable streams below the line of ordinary high water mark, has reference only to such streams as are navigable for general commercial purposes, and not to those which are public highways merely for the floating of logs and timber products.</p> <p>SAME-BIGHTS OF RIPARIAN OWNER.</p> <p>Although a non-navigable stream upon which logs are float-able may be a public highway so far as the floating of logs is concerned, persons or corporations using it for that purpose have no right to interfere with the bed of the stream, or with its b