B. & B. Building Material Co. v. Winston Bros.

In the year 1928, the appellant, Winston Bros. Company, was engaged in the work of constructing a power plant on the Skagit river at a place called Diablo. A part of the work consisted of the removal of rock and other material from certain places on the banks and in the bed of the river. The material, preparatory to removal, was loosened by blasting. It was then gathered up by a steam shovel and loaded into dump trucks, from whence it was carried to a dumping ground and there deposited. The place selected as a dumping ground at the time here in question was on the top of a somewhat steep…