White v. Codd

Citations

• 39 Wash. 14
• 80 P. 836
• 1905 Wash. LEXIS 802

Syllabus

<p>Waters—Injunction—Obstruction of Stream by Logging Operations—Overflowing Lands—Temporary Injunction—Admission of Acts. A temporary injunction pending the action is properly granted to restrain a logger from storing logs in a river or slough in such a manner as to overflow its hanks, wash away the soil, and prevent the cultivation of plaintiff’s land, where the defendant’s affidavit on the hearing admits the commission of such acts and the plaintiff’s title to the land.</p> <p>Same — Prescriptive Rights — Obstruction of Stream fob Six Years. No prescriptive rights are acquired hy the obstruction of a navigable river and the flooding of lands by the storage of logs therein for a period of six years.</p> <p>Same — Mandatory Injunction — Removal of Logs, when Required. A mandatory injunction pending the action may be granted requiring the removal of logs from the plaintiff’s premises, where it clearly appears that the defendant, without any conceivable right, has obstructed a stream and floated logs upon the plaintiff’s lands, and left them there, preventing cultivation of the land.</p>