Richard v. Hupp
California Supreme Court
APPEAL from Superior Court, Butte County; E. A. Davis, Judge. Action by Joseph Richard against John Hupp to abate a nuisance caused by the erection of a dam by defendant flooding plaintiff’s mines. Judgment for defendant. Plaintiff appeals.
1Opinion of the Court
SEARLS, C.
This is an action to abate a nuisance averred to have been caused by the erection of a dam by defendant across a watercourse in Butte county, known as “Little Butte creek,” whereby the water of said creek is caused to flow back upon and submerge the quartz mining claim of plaintiff. The cause was tried by the court, without the intervention of a jury, and written findings filed, upon which judgment was entered in favor of defendant for costs. Plaintiff appeals from the judgment and from an order denying his motion for a new trial. Plaintiff, who is appellant here, is, and he and his…
Also in this document: Per curiam.
2Cases cited3 opinions
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
- Anaheim Water Co. v. Semi-Tropic Water Co.California Supreme Court · 1883
- Bradley v. ParkerCalifornia Supreme Court · 1893
3Cited by1 opinion
- Barton v. PierceCalifornia Court of Appeal · 1933