Tenney v. Miners' Ditch Co.
Citations
- 7 Cal. 335
Syllabus
<p>Where the plaintiff sued for i^Vyury to his mining-claim, by the breaking of defend-,, ant’s canal, which was conStiicted prior to the location of plaintiff’s claim, neither' party claiming ownership of the soil, and no negligence in fact being shown, other than that which the law would presume from the breaking of the ditch: Held, that the rights of the parties were acquired at the dates of their respective locations, and that rule of “ coming to a nuisance,” may be applied.</p> <p>There is no doubt that the ditch-owners would be responsible for wanton injury or gross negligence, but they are not liable for a mere accidental injury, where no negligence is shown, to a miner locating along the line subsequent to the construction of the ditch.</p>
Judges: Murray
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4 cases in this archive cite this case.
- Brizendine v. Nampa Meridian Irrigation DistrictIdaho Supreme Court· 1976-03-26· cited 77×
- Curci v. Palo Verde Irrigation DistrictCalifornia Court of Appeal· 1945-06-13· cited 12×
- Hannaher v. St. Paul, Minneapolis & Manitoba RailroadSupreme Court of Dakota· 1888-02-07· cited 11×
- Taylor v. Farmers' Irr. Co.Oregon Supreme Court· 1917-02-06· cited 6×
Cites
2 cases in this archive are cited by this case.
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