Stone v. Bumpus
California Supreme Court
Appeal from the Fourteenth District Court, County of Placer. This is an action to recover damages for the erection of a dam, and to abate the same as a nuisance, and to enjoin the continuance thereof. Defendants admit the erection of the dam, and claim the right to continue the same; and allege that the grounds claimed by plaintiffs belonged to and is a part of the mining claim of defendant, P. Bumpus.
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Appeal from the Fourteenth District Court, County of Placer. This is an action to recover damages for the erection of a dam, and to abate the same as a nuisance, and to enjoin the continuance thereof. Defendants admit the erection of the dam, and claim the right to continue the same; and allege that the grounds claimed by plaintiffs belonged to and is a part of the mining claim of defendant, P. Bumpus. On the trial, the plaintiff asked the Court for the following instruction to the jury: If defendants or either of their grantors ever owned the ground called the Stone Boys’ Claim, at the time…
1Opinion of the Court
Sakdeeson, J.,
delivered tbe opinion of the Court, Rhodes, J., Sawyer, C., J., and Croceett, J., concurring:
This is an action founded upon the 249th Section of the Practice Act, which defines a nuisance, and provides remedies therefor. The plaintiffs allege that they are the owners of a certain mining claim, situated on the north side of Indian Cañón in Placer County, which mining claim cannot be worked without the use of the Canon, as an outlet for water and tailings.
That the grade of the Canon is light, and that the defendants have erected and are maintaining a dam across the Cañón, at a…
2Cited by1 opinion
- Stone v. BumpusCalifornia Supreme Court · 1873