Wendel v. Spokane County

Citations

• 27 Wash. 121
• 67 P. 576
• 1902 Wash. LEXIS 370

Syllabus

<p>INJURIES TO LAND-ACTION BY HOMESTEAD ENTRYMAN-SUFFI-CIENCY OF TITLE.</p> <p>An entryman under the homestead laws of the United States in actual possession and cultivation of the land selected, although not having made final proof, may maintain an action for damages for injuries to such land.</p> <p>SAME-CONSTRUCTION OF HIGHWAYS-LIABILITY OF COUNTY FOB RESULTING DAMAGE-ULTRA VIRES.</p> <p>Where a county in establishing and laying out a county road under powers granted it by statute does an act beyond the scope of its powers, whereby injuries are caused to a person, such county can be made to respond in damages therefor.</p> <p>SAME.</p> <p>Where the county authorities in laying out a county road drain a lake, for the purpose of a roadbed, by cutting a canal through a natural ridge, thus throwing the water onto lower lands, the owner of lands seven miles distant from such roadbed may maintain an action for damages for flooding his lands, if such drainage is shown to be -the proximate cause thereof.</p> <p>SAME-PLEADING.</p> <p>An action for damages caused by the defendants’ draining a lake in the construction of a county road, so as to flood plaintiff’s land, is based on the theory that it is the taking of private property for public use without compensation, contrary to the prohibition of the constitution, and consequently it is unnecessary for the complaint to allege carelessness or negligence in the act.</p> <p>SAME-WRONGFUL ACT OF AGENTS-RATIFICATION BY COUNTY.</p> <p>Although a county may hot have been originally responsible for the flooding of plaintiff’s land, as the result of draining a lake for the construction of a county road, yet where the county has since used the road and maintained a ditch for the drainage of the lake, it must be held to have ratified the wrongful act and rendered icself liable for resulting injuries.</p>