Esmond v. Chew
California Supreme Court
Appeal from the Fourteenth District. To the facts stated in the opinion, add that the tailings were deposited by an extension of defendants’ flume upon plaintiffs’ ground—that is to say: defendants, after crossing their own lower line with their sluice, proceeded, from time to time, as the tailings accumulated at the end of each piece of flume, to add other pieces, so that, at the commencement of this suit, they had encroached with their sluice over eight hundred feet upon…
Read the full summary
Appeal from the Fourteenth District. To the facts stated in the opinion, add that the tailings were deposited by an extension of defendants’ flume upon plaintiffs’ ground—that is to say: defendants, after crossing their own lower line with their sluice, proceeded, from time to time, as the tailings accumulated at the end of each piece of flume, to add other pieces, so that, at the commencement of this suit, they had encroached with their sluice over eight hundred feet upon plaintiffs’ claims. For this distance they had filled up the claims of plaintiffs with tailings to the depth of from…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
The plaintiffs are the owners of certain mining claims, situated in the bed or channel of a stream known as Missouri canon. The defendants own claims in the same stream, above and adjoining those of the plaintiffs. The claims of the defendants were first located. The complaint alleges, that the defendants wrongfully constructed a flume upon the claims of the plaintiffs, and deposited thereon a large quantity of tailings from claims above; and that the plaintiffs were greatly injured and damaged thereby. The answer admits the construction of the flume,…
2Cited by7 opinions
- Carson v. HayesOregon Supreme Court · 1901
- Fitzpatrick v. MontgomeryMontana Supreme Court · 1897
- Lincoln v. RodgersMontana Supreme Court · 1870
- Dripps v. the Allison's Mines Co.California Court of Appeal · 1919
- Wilhoit v. CunninghamCalifornia Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.