McCann v. Wallace

Citations

• 117 F. 936
• 1902 U.S. App. LEXIS 5153

Syllabus

<p>1. Mines—Injunction Against Flowage of Lands—Grounds.</p> <p>Plaintiff brought suit to enjoin defendant from discharging the water used in operating a placer mine, brought through a tunnel by defendant, into an artificial creek or ditch which flowed through plaintiff’s farm and which was in some places higher than the adjacent land, alleging damage from subirrigation and overflow, and the deposit of mining débris on the land. The preponderance of evidence was against the claim of injury from subirrigation, and tended to show that the ditch, if kept in proper repair, was sufficient in size to carry the water from the mine in addition to the natural flow therein at ordinary stages without overflowing, and it was shown that defendant had offered to build levees where necessary and to keep the ditch in repair through plaintiff’s land, but that plaintiff refused to permit it. It was also shown that he made no objection while defendant was expending a large sum in constructing the tunnel to bring the water to his mine. Held, that plaintiff had no equity upon the facts shown which entitled him to an injunction.</p>