Big Five Mining Co. v. Left Hand Ditch Co.

Plaintiff in error sued defendants in error for damages to plaintiff’s property by flood, resulting from the breaking of the dam of defendants’ reservoir. Defendants’ liability was conceded, and the question tried was as to the amount of damages. The complaint charged that the flood washed away the surface soil of a mill site, and several lode claims, for a long distance along the banks of Left Hand Creek, destroyed a water system, including a dam and pipe line used for supplying water to the mill, and a portion of the road and bridge by which access was had to the mill, and, in addition,…