Opinion of the Court-Truitt, J. entered judgment ordering that appellant was not entitled to the relief sought, denying its application for an injunction and dismissing the cause. In due course of time appellant regularly gave notice of motion and motion for a new trial. The application of appellant for a new trial was regularly denied, and from the judgment entered against it and the order denying a new trial this appeal is taken. As grounds for reversing said judgment, the appellant assigns and distinctly specifies seventeen alleged errors of the court that occurred at said trial. These relate to the admission of certain evidence, insufficiency of evidence to support the findings of fact made by the court, conclusions of the court that were contrary to law, that the judgment is contrary to the evidence, that the judgment is against law, that the court erred in entering judgment against appellant and in denying its motion for a new trial. The first error relied upon by appellant is that the court permitted respondent to prove that logs could not be taken down the Coeur d'Alene river profitably or successfully in booms or tows. Appellant contends that this evidence was immaterial as the fact it tended to prove if established would not give respondent the right to interfere with its property, but we think there was no error in this ruling of the court, for the reason that the Coeur d'Alene river is navigable and open to public use, and the respondent had a right to use the river for transporting to market or to its place of business its logs. and timbers in the most convenient and least expensive manner, so long as it did not unnecessarily interfere with the rights of appellant. As to the second error assigned by appellant to the effect that the court erred in admitting certain testimony on behalf of respondent, tending to prove that the point on the Coeur d'Alene river at which appellant maintained its sorting works was the only practicable place on the Coeur d'Alene river for intercepting, receiving and sorting sawlogs and for sorting works intended for that purpose, we think that the court did not err in admitting this evidence, for the reason that the right to use the river for the purpose of transporting logs Opinion of the Court-Truitt, J. and other timbers also carries with it the right in a reasonable manner to intercept them when they reach their destination at the most feasible and convenient place to receive them, so long as this does not unnecessarily interfere with the rights of others to the use of the river. To hold otherwise would render the right to the use of said river for navigating logs and other timbers of little practical value. error. Assignment of error No. 3 relates to the ruling of the court in permitting the respondents to show the prevailing winds and the direction of the current of the river during the season for floating logs down the river. We do not think this was The respondent in the affirmative part of its answer alleges that appellant's.sorting works were not kept in repair and that its logs as they floated down the river, went out through holes in said works and were lost on the lowlands beyond, or on the lakeshore. We therefore think that if the prevailing winds, or currents of the stream, tended to carry logs floating down the same over and against these works and through holes therein, this fact might be shown. Assignments of errors Nos. 4 and 5 alleged that the court erred in permitting respondent to show how many logs it owned in the years 1912 and 1913 and sorted during those years, but we think this testimony was permissible under the issues made by the pleadings and that there was no error in admitting the same. Assignment of error No. 6 was as to the admission of evidence by the court tending to show that the Coeur d'Alene river was jammed and obstructed with logs in the year 1910, because appellant's sorting works were too small to handle them, but we think there was no error in the admission of this testimony. The appellant's seventh alleged error, to the effect that the court erred in not separately stating its findings of fact and conclusions of law, we think is without merit. The court made its findings of fact and divided them into nineteen distinct numbered paragraphs, and then based upon them it specifically stated its conclusions of law in six numbered paragraphs. Opinion of the Court-Truitt, J. We see no ground for complaint as to the form of these findings and conclusions. The other assignments of error relate to three principal points of objection against these findings and conclusions, namely, (1) that the findings of fact, or at least most of them, are not supported by the evidence; (2) that said conclusions of law are contrary to the evidence; and (3) that said conclusions of law and judgment are against the law. Before going into the consideration of the objections pointed out by appellant relating to the insufficiency of the evidence to support said findings of fact, we will say that this court has in a number of well-considered cases approved and held to the doctrine that the findings of the lower court are conclusive, where there is a substantial conflict in the evidence upon questions of fact, and in support of this we refer to Sabin v. Burke, 4 Ida. 28, 37 Pac. 352, Pine v. Callahan, 8 Ida. 684, 71 Pac. 473, Stuart v. Hauser, 9 Ida. 53, 72 Pac. 719, and a number of other cases decided by this court, down to the later cases of Robbins v. Porter, 12 Ida. 738, 88 Pac. 86, and Heckman v. Espey, 12 Ida. 755, 88 Pac. 80. This we accept as the settled doctrine of this court, and, therefore, where there is a substantial conflict of the evidence upon which any certain finding of fact is based, we will not disturb such finding. Finding No. 7 is the first finding of fact to which appellant objects and assigns as the reason therefor that it is not supported by the evidence. In substance, this finding is that the defendant has not gone upon plaintiff's land and has not deprived it of the free use of the river at or along its banks, and has not prevented it from ingress to or egress from said lands by way of the river, and that defendant has not deprived plaintiff of the use or enjoyment of any of its piling, sorting works, log-race or lands or any of its property. Without going into any analysis of the testimony in support of this finding for the purpose of deciding as to the weight of the evidence, we think the record shows that this finding is not without substantial evidence to support it. The witness Strathorn testified on direct examination that the defendant's Idaho, Vol. 26-41 Opinion of the Court-Truitt, J. works were fastened to the works of the plaintiff, but on cross-examination he was asked: "Q. You do not know of your own knowledge, do you, that the boom that was pointed out to you as the Stack-Gibbs boom was attached to the piling belonging to the Cameron Lumber Co. A. I do not. Q. It ? was told to you that it was, was it not? A. I took it for granted, yes. Q. Who told you? A. Mr. Smith, Mr. Crego, was on the boat but it was Mr. Smith that told me. Q. You say that the defendant company attached to the works of the Cameron Lumber Co., the only attachment that was made was at the upper end of the jack where the sheer boom was attached to the piling? A. Yes. Q. It was in the water, was it not? A. Yes." Harrie Deroshie testified in regard to the gaps in respondent's works being open in March, 1912, and said that logs were running through the gaps of appellant's sorting works before the sheer boom was placed along parallel thereto by the respondent company; and this witness also testified that the piling to which said sheer boom of respondent was tied or attached was a piling driven in the river by the Stack-Gibbs Lumber Co., the evidence of this witness upon this point being as follows: "Q. Whose piling is that, if you know? A. Stack-Gibbs. Q. Who drove it? A. StackGibbs." This witness also testified as follows: "What is the fact as to the defendant's boom being attached to any piling constituting part of the Cameron Lumber Co. works? A. Not tied to any of their piling." The record shows that on the trial the respondent went into this question fully as to what was done in connection with this matter and how their works were operated, and we think the evidence shows that the appellant did not use its sorting works in 1912 and was not using them at the time respondent placed its sheer boom in the river, and that all of the logs received by the respondent company passed by the appellant's works down the channel of the river and into the receiving booms of the works of the respondent. The said sheer boom placed on the south side of the river parallel with the works of the appellant was placed there by the respondent to keep their logs from going through the openings of the respondent's works, which was Opinion of the Court-Truitt, J. out of repair, and being lost in the lake or the lowlands beyond. It further appears that the appellant was notified that if they would keep these openings closed, then this sheer boom would be removed by the respondent, and that they neglected to do so. Finding No. 8, which is also objected to by appellant, is in effect disposed of by what we have said in regard to No. 7, and we think the objections to this finding are without merit. Finding No. 9, in which the court finds that no act of the defendant has caused the plaintiff any pecuniary loss whatever and that plaintiff has not been deprived of any business and has not been deprived of the full opportunity to use its sorting works, if it so desired, by reason of the acts of the defendant, and has not lost any profits in the use of its sorting works by reason of any acts of defendant, and that plaintiff has not been damaged in anywise whatever by the acts of defendant, and will not be damaged by any acts which defendant has done or is now doing, we think is supported by substantial evidence and should not be disturbed by this court. Finding No. 10 is in substance that in the driving of piling in the bed of the river by defendant and in stretching booms upon said river, as defendant has done, said defendant has not /prevented the navigation of the river and has not prevented and has not interfered with the navigation of said river, and that defendant has not tied its boom to the sorting works or piling of the plaintiff, and that defendant has not created and has not maintained and is not now maintaining or creating any nuisance or damage to the plaintiff. There was some evidence tending to show that the stretching of the boom referred to in this finding would, to some extent, delay boats and logs that were navigating or being floated in said river, but we think that the respondent had a right to make a reasonable and prudent use of this river, for navigation, and to its use in connection with collecting its logs and passing them through its sorting works to their destination, as long as it conducted its operations in a reasonable and prudent manner and with due regard to the rights of others to exercise an equal privilege thereto. Some inconvenience or damage might |