Rupley v. Welch
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. This action was commenced on the thirtieth day of November, 1860. The reservoir of the plaintiff was constructed across the bed of the ravine, and defendants were digging and sluicing immediately above the reservón.’, and had excavated a ditch, by which they had diverted the water from the reservoir. The other facts are stated in the opinion of the Court.
1Opinion of the CourtCrocker, J.
This action is brought by the plaintiff to recover damages of the defendants, for entering upon certain inclosed premises, and digging up and sluicing the same, for mining purposes ; and for an injunction to restrain them from continuing these mining operations.
The premises are described in the complaint as a field of ten acres, inclosed with a rail fence, part of a larger tract in the plaintiff’s possession, on which ten acres were growing crops of grain, consisting of barley, wheat, Chile, and red clover, and other grasses of natural and planted growth. The plaintiff also avers, that near…
2Cases cited1 opinion
- Stoakes v. Barrett & Co.California Supreme Court · 1855
3Cited by3 opinions
- Thayer v. California Development Co.California Supreme Court · 1912
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886