Jaramillo v. Anaconda Co.

McCULLOH, District Judge.

This is an action for damages to plaintiff’s house alleged to be caused by blasting in connection with mining operations conducted by the defendant, at a point 2.89 miles distant from plaintiff’s house. The case was tried before a jury and from a verdict and judgment in favor of the plaintiff, the defendant has appealed.

The house is located on high ground, originally consisting of two rooms constructed of adobe walls and a pitched tin roof on a foundation of rock and mud. In 1949 it was remodeled by plastering with mud, putting in a ceiling, adding a kitchen, two…