Logan v. Driscoll
California Supreme Court
Appeal from the Fourteenth District. Action to recover damages for injuries to plaintiffs’ mining claims, and for a perpetual injunction. The facts are, that plaintiffs were the owners of valuable mining claims, situate in the bed of a stream called “ Shady Creek,” and had expended large amounts of money in running a cut through solid rock, and in building flumes and dams, and digging ditches for working the claims.
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Appeal from the Fourteenth District. Action to recover damages for injuries to plaintiffs’ mining claims, and for a perpetual injunction. The facts are, that plaintiffs were the owners of valuable mining claims, situate in the bed of a stream called “ Shady Creek,” and had expended large amounts of money in running a cut through solid rock, and in building flumes and dams, and digging ditches for working the claims. The defendants were the owners of claims in the hill above the claims of the plaintiffs, called “ Pleasant Hill.” A steep gulch, called “ Morgan Ravine,” led from near defendants’…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
The plaintiffs are the owners of mining claims located in the bed of a creek, and the defendants own claims situated on a hill in the vicinity. The refuse matter washed from the claims of the defendants is deposited upon the claims of the plaintiffs to such an extent as to render the working of them impracticable. The claims of the plaintiffs were first located, and the action is for damages, and for a perpetual injunction.
The case was tried by a jury, and the errors assigned relate to the action of the Court in giving and refusing instructions. The Court proceeded in…
2Cases cited1 opinion
- Esmond v. ChewCalifornia Supreme Court · 1860
3Cited by3 opinions
- Sussex Land & Live Stock Co. v. Midwest Refining Co.Court of Appeals for the Eighth Circuit · 1923
- Hobbs v. Amador & Sacramento Canal Co.California Supreme Court · 1884
- Mountain Copper Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1906