Lemley v. Jones
Lemley v. Jones
Opinion of the Court
This action was brought to obtain an injunction. The cause was tried to the court without a jury, the relief prayed for was denied, and a judgment entered dismissing the action. From this judgment, plaintiffs appeal.
The parties to this action are, respectively, the
In Noyes v. Cosselman, 29 Wash. 635, 70 Pac. 61, 92 Am. St. 937, it was held that an owner of land upon which there was a natural accumulation of water into a swamp or lake had no right to improve his land by draining such waters from one portion of his land through a natural barrier to another portion, whence it would escape over the lower lands of an adjoining-proprietor. It is said, however, and the trial court found, that the lowering of the barrier in the present case was orally agreed to. While the evidence as to whether such an oral agreement was made is in dis
Prom the two cases cited, it seems to necessarily follow that appellants had a right to injunctive relief to prevent the waters of Tule lake from flowing upon their land, which was the result of the lowering of the natural barrier.
The judgment will he reversed, and the cause remanded with direction to enter a judgment in favor of the appellants.
Reference
- Full Case Name
- J. C. Lemley v. C. W. Jones
- Status
- Published
- Syllabus
- Waters and Water Courses (56) — Lakes or Surface Waters, Drainage or Discharge. The owner of land has no right to remove a natural barrier and permit the waters of natural lakes on his land, with the spring accumulations from rain and snow, to escape and be discharged upon the lower lands of an adjoining owner. Same (70)- — Contracts—Licenses (17) — Revocation. A verbal license to remove a natural barrier and permit natural lakes and surface accumulations to be discharged upon the lower lands of an adjoining owner is revocable at the will of the licensor, although money has been expended thereon.