Luama v. Bunker Hill & Sullivan Mining & Concentrating Co.

WILBUR, Circuit Judge.

This is an action brought by the appellant to recover for damages done to his real estate and live stock by the deposit on his land by the flood waters of the Coeur d’Alene river of tailings and debris resulting from the mining operations of the appellees in the Coeur d’Alene Mining District in Shoshone county, state of Idaho. It is alleged that these tailings are deposited in or near the South fork of the Coeur d’Alene river, and were deposited upon the plaintiff’s land by the high water of the Coeur d’Alene river overflowing the banks of said river spreading over the…