Thibadeau v. Clarinda Copper Mining Co.

BAKER, District Judge.

This is an action to recover damages. The plaintiff alleges, in substance, that for more than twenty years prior to the commencement of the action she had been entitled to the use of the waters of a certain spring and creek for domestic purposes in her home and for the irrigation of her lawn, trees and garden; that during the summer of 1922 the defendant unlawfully extended a tunnel beyond the limits of its mining property and into the adjoining ground of the Copper Giant Mining Company and there intersected a laminated vein of slate over which flowed the waters of the…