Atkinson v. Amador & Sacramento Canal Co.
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, Sacramento County. The action was brought to recover damages to plaintiff’s farming" lands, caused by the debris from the defendant’s hydraulic mining operations.
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Appeal from the District Court of the Sixth Judicial District, Sacramento County. The action was brought to recover damages to plaintiff’s farming" lands, caused by the debris from the defendant’s hydraulic mining operations. The defendant, a corporation, was engaged in hydraulic mining from 1871 to 1877. A large stream of water was used by the defendant night and day to wash down the gravel banks of the mining ground, and the tailings were carried off by means of flumes down a hill, flowing upon the plaintiff’s lands and covering up valuable portions thereof with stones, gravel, and mud, to…
1Opinion of the Court
By the Court :
Among other instructions asked by the defendant and refused by the Court, was the following: “ The jury, in estimating all damages done to the land known as the Clark Ranch, must exclude from consideration any damage or injury done prior to the first day of January, 1874. Whatever injury was done before that time cannot be recovered in this action.”
The original complaint was filed on the 30th day of March, 1875, but in that complaint no cause of action founded upon injuries alleged to have been done to the “ Clark Ranch ” was set forth. In the amended complaint filed January…
2Cited by13 opinions
- Wilson v. BittickCalifornia Supreme Court · 1965
- Barr v. CarrollCalifornia Court of Appeal · 1954
- Jeffers v. CookCalifornia Supreme Court · 1881
- Saari v. Superior CourtCalifornia Court of Appeal · 1960
- Tubbs v. DelilloCalifornia Court of Appeal · 1912
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