Kane

Appellant, a citizen of Washington, brought this action against appellee, a Massachusetts corporation, to recover damages alleged to have been caused by the construction of a dam in the Columbia river. The complaint is in two counts, stating what purport to be two causes of action. The first is for $80,000, the second for $20,000. The District Court sustained a general demurrer to the complaint and to each count thereof and (appellant having declined to plead further) entered a judgment of dismissal. This appeal followed.

The first count of the complaint alleges that appellant was the lessee of some booms which had been constructed in the Columbia river for the purpose of catching and collecting logs and driftwood floating down the river; that appellant was for a long time engaged in the business of operating said booms, collecting logs and driftwood by means thereof, converting such logs and driftwood into marketable wood, and marketing such wood at and in the vicinity of Wenatchee, Wash.; that the Washington Electric Company constructed a dam in said river at Rock Island, Wash., several miles below appellant’s place of business ;x that the construction of said dam increased the…