Moore v. San Vicente Lumber Co.

The defendant, San Vicente Lumber Company, operates a saw-mill upon land owned by it in the county of Santa Cruz. In connection with its mill it maintains a pond which it has created by the construction of a dam iipon its land.

The plaintiff is the owner of adjoining lands, of which a part lie immediately below the dam. This action was brought to enjoin the maintenance of the pond, and to recover damages for injuries alleged to have been occasioned by it and by a breaking of the dam to plaintiff’s land. Trial was had before a jury, which returned a verdict in favor of the defendant. The court…