Fitzgerald v. Urton
California Supreme Court
Appeal from the District Court of the Ninth Judicial District,, Butte County. This was an action to restrain the defendants from the commission of a nuisance by reason of the digging of a ditch, and mining within the plaintiff’s enclosure.
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Appeal from the District Court of the Ninth Judicial District,, Butte County. This was an action to restrain the defendants from the commission of a nuisance by reason of the digging of a ditch, and mining within the plaintiff’s enclosure. At the trial the Court charged the jury that “ if the plaintiff had possession and use of the lot claimed and improved, before the location and possession of a mining claim by defendants on said premises, the plaintiff is entitled to hold the same, and the defendants have committed a trespass and are liable in damages.” To this instruction defendants’…
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
This was an action in the Court below to restrain the defendants from the commission of a nuisance by reason of digging a ditch and mining in the plaintiff’s inclosure.
The facts are substantially—that the plaintiff was in possession of a small town lot in the town of Bidwell, on which he had erected a house used as a hotel—that the lot was inclosed by a substantial fence, and used as a poultry and wood yard, and for other purposes necessary to carry on the business of hotel keeping—that the plaintiff had for a long time been in the quiet use and possession of said…
2Cited by4 opinions
- Kellogg v. KingCalifornia Supreme Court · 1896
- Weimer v. LoweryCalifornia Supreme Court · 1858
- Whittaker v. OttoCalifornia Court of Appeal · 1967
- United States v. HunterDistrict Court, S.D. California · 1964