Jacob v. Day
California Supreme Court
Appeal from a judgment of the Superior Court of Trinity County and from an order denying a new trial. Edward Sweeny, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Appeals from the judgment and from the order denying a new trial.
The action was brought to abate an alleged nuisance maintained by defendants upon the lands of plaintiffs, for an injunction, and for damages.
The nuisance consisted of a tailrace, sluiceway, cut or ditch, by which the water, bearing detritus from defendants’ hydraulic mine, was carried across the land of plaintiffs and discharged into the Trinity river.
This ditch had been used in connection with the working of the Bartlett and Evans mine for many years prior to and after the acquisition of a patent. That mine is the property of…
2Cases cited3 opinions
- Jennison v. KirkSupreme Court of the United States · 1879
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- Tustin v. FaughtCalifornia Supreme Court · 1863
3Cited by10 opinions
- Frost v. City of Los AngelesCalifornia Supreme Court · 1919
- Felsenthal v. WarringCalifornia Court of Appeal · 1919
- In Re Estate of BumpCalifornia Supreme Court · 1907
- North Fork Water Co. v. EdwardsCalifornia Supreme Court · 1898
- Wall v. RudolphCalifornia Court of Appeal · 1961
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