Kelly v. City of Butte

The complaint in this action sets forth that on the 25th day of September, 1905, plaintiff was the owner of a leasehold interest in the Ophir quartz lode mining claim, situated in the city of Butte, together with a shaft thereon sixteen feet east of a natural watercourse which passed over said mining claim. Defendant *117entered upon the construction of a public sewer over such mining claim and along the natural watercourse. Plaintiff had a watertight wooden flume, which he used for conducting the water across his claim. Defendant removed the flume, dammed the waters so as to conduct them across…