Wilson v. Prickett

Citations

• 79 Wash. 89
• 139 P. 754
• 1914 Wash. LEXIS 1147

Syllabus

<p>Navigable Waters — What Constitutes. A stream is not navigable, in contemplation of Const., art. 17, § 1, vesting the title to the beds and shores of all navigable waters in which the tide ebbs and flows, where it merely appears that, for some distance, the tide ebbs and flows, and that, on various occasions, tug boats and small craft had gone up and down the stream at high tide for the purpose of towing logs.</p> <p>Waters and Water Courses — Beds of Stream — Title. Under Const., art. 17, § 2, disclaiming all title to tide and overflowed lands patented by the United States, the title to the bed of a nonmeandered nonnavigable stream, over which the tide ebbs and flows, passed to a railroad company under a United States grant of the upland on both sides of the stream, prior to the admission of the state, although the patent did not issue until thereafter.</p> <p>Pish — Pishing Locations — Beds of Stream Privately Owned. Injunction will not issue to protect a set net location in a nonmeand'ered nonnavigable stream, the title to the bed of which is vested in the owner of the upland, when the set net cannot be maintained without driving piles in the bed of the stream and no right to maintain it is shown.</p>