Crary v. Campbell
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, Placer County. The complaint averred that plaintiff was the owner of a mining claim which he worked by hydraulic process, situated a short distance below a ditch called the Miner’s Ditch; that plaintiff, for the conveyance of tailings and water from his claim, had constructed a flume about seven hundred feet long leading therefrom; that in January,'1862, defendants Weed and McCIanahan, as agents of defendants…
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Appeal from the District Court, Eleventh Judicial District, Placer County. The complaint averred that plaintiff was the owner of a mining claim which he worked by hydraulic process, situated a short distance below a ditch called the Miner’s Ditch; that plaintiff, for the conveyance of tailings and water from his claim, had constructed a flume about seven hundred feet long leading therefrom; that in January,'1862, defendants Weed and McCIanahan, as agents of defendants Campbell and Powell, who were the owners of the Miners’ Ditch, cut the embankment of the ditch, and thereby caused seven…
1Opinion of the Court
By the Court, Cueeey, J.
This action was brought to recover damages alleged to have been caused by the defendants in the cutting away of a ditch called the Miners’ Ditch, of which certain of the defendants were the owners, by means of which the waters therefrom were precipitated upon the plaintiff’s mining property, causing great injury and damage thereto.
The defendants, after having controverted the material averments of the complaint, alleged in substance, that the Miners’ Ditch was located and the right of way for it was acquired prior to the location of plaintiff’s mining claim; and they…
2Cited by7 opinions
- Prairie Oil & Gas Co. v. AllenCourt of Appeals for the Eighth Circuit · 1924
- Simpson v. BergmannCalifornia Court of Appeal · 1932
- Patterson v. Keystone Mining Co.California Supreme Court · 1866
- Miles v. FinkMississippi Supreme Court · 1918
- Price v. WolferOregon Supreme Court · 1898
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