Robinson v. Black Diamond Coal Co.

Sharpstein, J.:

It appears, by the evidence introduced on the trial of this case, that the plaintiff was, at the time of the commencement of this action, and for a long time before had been, the owner of a tract of land on the margin of the San Joaquin River, and that the defendant had been for several years prior to the commencement of this action mining for coal about three miles distant from, and at an elevation of 700 or 800 feet above, the plaintiff’s land. That Quercus Creek runs from the mine in a deep gulch or ravine until it reaches the low land; and that the water of said creek,…