Fraler v. Sears Union Water Co.
California Supreme Court
Appeal from the Fourteenth District, County of Sierra. This was an action for damages resulting from the careless and negligent construction of a dam by the defendants, across a stream, and the consequent injury therefrom, to the plaintiffs’ mining claim. The plaintiffs had judgment in the Court below, and the defendants appealed. The facts are sufficiently stated in the opinion of the Court.
1Opinion of the CourtBaldwin, J.
This was an action for injuries to naming claims, and loss of gold-bearing earth, occasioned by the negligent building of defendants’ dam across and over a ravine, upon which the plaintiffs’ claims were located —the claims being above the dam. The injury is charged to have rusulted to the plaintiff, from the careless construction of the dam, and a reservoir, whereby the gold-bearing earth of the plaintiffs was washed away by the water and lost, and other injuries done to their mining claims and property.
The defendants demurred to the complaint, and assigned several technical causes of…
2Cited by8 opinions
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- Central, Trust Co. v. Wabash, St. L. & P. Ry. Co.U.S. Circuit Court for the District of Indiana · 1893
- Western Gas Const. Co. v. DannerCourt of Appeals for the Ninth Circuit · 1899
- Los Angeles Pressed Brick Co. v. HigginsCalifornia Court of Appeal · 1908
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