Mountain Copper Co. v. United States
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. The appellee was the complainant in the court below, and in its bill alleges that the defendant to the suit, appellant here, is a corporation engaged in the business of operating certain mines on section 34, township 33 H, range 6 W., M. D. M., and elsewhere in the neighborhood thereof, and of mining, roasting, burning, smelting, and refining copper and other ores mined therefrom, its…
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Appeal from the Circuit Court of the United States for the Northern District of California. The appellee was the complainant in the court below, and in its bill alleges that the defendant to the suit, appellant here, is a corporation engaged in the business of operating certain mines on section 34, township 33 H, range 6 W., M. D. M., and elsewhere in the neighborhood thereof, and of mining, roasting, burning, smelting, and refining copper and other ores mined therefrom, its works being on section 18, township 32 N., range 5 W., M. D. M., and upon other land near thereto; that the complainant…
1DissentHawley, District Judge
I am of opinion that the decree of the Circuit Court, under all the facts embodied in the record, is correct, and ought to be sustained. It was argued by appellant that the nuisance complained of is a public nuisance; that it affects all the people living in that locality — the farms, timber, agricultural lands, and the homes of all the people; that it is not specially injurious to appellee; that the damage to appellee is not different in kind and character from that suffered by the general public, except that it is less in degreeand that for these reasons appellee in its private capacity…
2Cases cited16 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Natoma Water & Mining Co. v. ClarkinCalifornia Supreme Court · 1860
- Woodruff v. North Bloomfield Gravel Mining Co.United States Circuit Court · 1884
- Fisher v. ZumwaltCalifornia Supreme Court · 1900
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