Arizona Copper Co. v. Gillespie
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Graham. Frederick S. Nave, Judge. STATEMENT OE PACTS. This action was brought by the appellee against the Shannon Copper Company, the Arizona Copper Company, Limited, and the Arizona Copper Company, to obtain an injunction restraining the defendants from depositing mining débris in streams tributary to the Gila river.
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APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Graham. Frederick S. Nave, Judge. STATEMENT OE PACTS. This action was brought by the appellee against the Shannon Copper Company, the Arizona Copper Company, Limited, and the Arizona Copper Company, to obtain an injunction restraining the defendants from depositing mining débris in streams tributary to the Gila river. It appearing to the plaintiff that the Shannon Copper Company had ceased to do the acts complained of, and that the Arizona Copper Company was not a proper party, the action was…
1Opinion of the Court
CAMPBELL, J. —
It is insisted by the appellant that, if any wrong is being done by permitting débris from its mining operations to go into the river, the acts constitute a public nuisance, and that the plaintiff may not maintain this action, because it does not appear that the injury sustained by him differs in kind from that sustained by the general public. The supreme court of the United States, our appellate court, in the early case of Georgetown v. Alexandria Canal Co., 12 Pet. 91, 9 L. Ed. 1012, after reviewing the authorities, say: ‘ ‘ The principle then is that, in ease of a public…
2Cases cited8 opinions
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Sullivan v. Jones & Laughlin Steel Co.Supreme Court of Pennsylvania · 1904
- Woodruff v. North Bloomfield Gravel Mining Co.United States Circuit Court · 1884
- Mountain Copper Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
- Hutchinson v. Watson Slough Ditch Co.Idaho Supreme Court · 1909
- Hulbert v. California Etc. Cement Co.California Supreme Court · 1911
- Riter v. Keokuk Electro-Metals CompanySupreme Court of Iowa · 1957
- Bartlett v. Grasselli Chemical Co.West Virginia Supreme Court · 1922
17 more not listed; retrieve them via the Exa API.