Sylvester v. Anaconda Copper Mining Co.

This is an appeal from a judgment of nonsuit entered in an action brought to recover for the damage done by surface waters alleged to have been diverted to plaintiff’s property by the negligent acts of defendant.

The only question presented is as to whether the evidence adduced by the plaintiff establishes a duty owing by defendant to plaintiff and a breach of that duty. This evidence shows that ever since the year 1888 the plaintiff has been the owner and in possession of two lots, with the improvements thereon, situated near the head of Ash Street in the city of Anaconda; that, approximately…