Grimes v. Fall
California Supreme Court
Appeal from the Fifteenth District. The plaintiffs undertook to erect certain dams, flumes, etc., on the Feather river, for a company mining on said river, known as the “ Nebraska claim.” They entered on their work, and while they were engaged therein, the defendants were engaged erecting similar works for the Union Cape Mining Company lower down on the same stream.
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Appeal from the Fifteenth District. The plaintiffs undertook to erect certain dams, flumes, etc., on the Feather river, for a company mining on said river, known as the “ Nebraska claim.” They entered on their work, and while they were engaged therein, the defendants were engaged erecting similar works for the Union Cape Mining Company lower down on the same stream. The works erected below backed the water upon the works erected by plaintiffs, and hindered and delayed them in the completion of their job. For the damages thus done, the plaintiffs brought their action. The complaint alleges “…
1Opinion of the CourtBaldwin, J.
Cope, J. and Field, C. J. concurring.
This action was trespass brought against defendants Fall, D encía, Packard, A. S. Hart, M. S. Hart and the Union Cape Mining Company. The gravamen of the action was the backing of the water by the Union Cape Mining Company to the depth of some five feet up to *65and over the Nebraska claim, which the plaintiffs had a contract to flume and complete, on or before the fifteenth of August, 1858.
The complaint alleges, among other things, that the dam constructed by the defendants, and the waters flooded by it upon the plaintiffs’ claim, prevented the plaintiffs…
2Cited by3 opinions
- Lally v. WiseCalifornia Supreme Court · 1865
- Roberts v. WilsonUtah Supreme Court · 1876
- Kimball v. WilberCalifornia Supreme Court · 1865