Sterrett v. Northport Mining & Smelting Co.

The opinion of the court was delivered by

White, J.

This is an action brought to recover from the appellant damages in the sum of $30,000 for the total destruction of the respondent’s property. Omitting formal allegations and the allegations as to the title of respondent to certain lands, which were admitted upon the trial, the complaint is as follows:

“That said land so described was near the towns of Ross-land and ISForthport where agricultural and orchard land is scarce and the same was especially adapted for the growing of fruit trees and the raising of fruit thereon, including berries and…