Boswell v. Laird
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. In June, 1856, the defendants Laird and Chambers contracted with their co-defendants, Moore and Foss, the latter being architects, of reputed skill and experience, for the construction of a dam, forty feet in height, on Deer Creek, at a point several miles above the city of Nevada.
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. In June, 1856, the defendants Laird and Chambers contracted with their co-defendants, Moore and Foss, the latter being architects, of reputed skill and experience, for the construction of a dam, forty feet in height, on Deer Creek, at a point several miles above the city of Nevada. The design of this dam was to force an accumulation of the waters of said creek, at that point, so as to fill a basin of about one hundred acres, immediately above the dam, with water, that could be used for mining purposes,…
1Opinion of the CourtField, J.
The only question necessary to consider for the determination of the appeal in this case, arises upon the refusal of the Court below to give certain instructions as to the liability of the defendants Laird, and Chambers.
The action is brought to recover damages sustained by the plaintiffs, in consequence of the breaking of a dam or embankment constructed across Deer Creek, in Nevada county, by the defendants Moore and Foss, under a contract with the defendants Laird and Chambers. It appears from the evidence introduced on the trial, that in June, 1856, the defendants, Moore and Foss, entered…
2Cited by46 opinions
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