SMITH TUG & BARGE CO. v. COLUMBIA-PAC. TOWING CORP.

No. 41225.

78 Wn.2d 975 (1971)

482 P.2d 769

SMITH TUG & BARGE CO., et al., Respondents, v. COLUMBIA-PACIFIC TOWING CORPORATION and BERT L. COLE, as Commissioner of Public Lands, Appellants. MARIBETH W. COLLINS et al., Respondents, v. RAINIER MANUFACTURING CO. and BERT L. COLE, as Commissioner of Public Lands, Appellants.

The Supreme Court of Washington, En Banc.

March 11, 1971.


Attorney(s) appearing for the Case

The Attorney General and Theodore O. Torve, Assistant, for appellants.

Klingberg, Houston, Reitsch & Cross, Judson T. Klingberg and Gerry A. Reitsch, for respondents Smith Tug & Barge Co., et al.


STAFFORD, J.

The predecessors of respondent upland owners acquired their interest in the realty here in question from the United States government. The property as originally patented and meandered abutted the navigable waters of the Columbia and Cowlitz rivers, at or near their confluence.

The government meander line, established by surveys in 1857 and 1863, substantially conformed to the line of ordinary high water as it existed on those dates. However,...

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