Wilson v. Oregon-Washington Railroad & Navigation Co.

Citations

• 71 Wash. 102
• 127 P. 847
• 1912 Wash. LEXIS 700

Syllabus

<p>Navigable Waters — Harbor Lines and Areas — Location oe Piers —Damages to Abutters — Rights oe Lessees. Since the -state owns the beds and shores of navigable waters, under Const., art. 16, § 1, and is prohibited from giving any rights to private persons in waters beyond harbor lines established pursuant to art. 15, § 1, the state may establish pier head lines beyond the harbor lines, whenever it pleases; and hence a lessee of the state of abutting tide lands cannot show the establishment or change of pier head lines at locations advantageous to his leasehold for the purpose of enhancing the value thereof, in an action to recover for damages thereto.</p> <p>Navigable Waters — Erection oe Structures — Authority. Private individuals may, by consent of the Federal and state governments, erect structures in the navigable waters of the state.</p> <p>Navigable Waters — Obstructions—Damage to Abutter by Erection oe Beidge — Harbor Area — Use. Where a pier for a railroad bridge across navigable water was placed on harbor area which the railroad company had leased from the state, any damage it might do to an adjoining owner by causing the water to shoal in front of such owner is damnum absque injuria; since it was caused by the lawful use of the railroad company’s property.</p> <p>Navigable Waters — Obstruction—Injury to Abutters — Damages —Evidence—Remoteness. Opinion evidence that a pier for a railroad bridge would cause the water to shoal in front of adjoining property is too remote and speculative to show damages to such property; although if such damages actually occur in the future, compensation therefor may be recovered.</p> <p>Navigable Waters — Obstruction by Bridge — Damage to Abutters — Measure oe Damages. In an action by the lessee of tide lands, for damages by reason of the erecting of a railroad bridge across navigable water, the plaintiff may recover all damages caused to his property is so far as it differs in kind from the damages to other property genera