Williams v. Pacific Coast Aggregates, Inc.

This is an appeal from a judgment denying appellant’s claim for damages and an injunction against defendant and respondent, Pacific Aggregates, Inc. The first cause of action alleged negligence on the part of respondent in carrying on its mining operations proximately resulting in damage to appellant’s crops from overflow waters. The second cause of action alleged a nuisance in that respondent erected and maintained dirt embankments resulting in an accumulation and diversion of water on respondent’s property without providing means for said water to return to its natural course of flow, causing appellant’s crops to be inundated and damaged in the sum of $36,518.84. The third cause of action alleged that the nuisance created by respondent caused irreparable damage to appellant and asked for an injunction directing respondent to provide means for the diverted water to return to its natural course of flow.

Plaintiff and appellant L. S. Williams had leased and was operating a ranch of approximately 170 acres near Center-ville, on which he was raising cauliflower, which on the date here involved was in various stages of growth. Respondent owned a tract of land east and somewhat north…