Dripps

Plaintiff sues to recover' damages for certain acts of trespass alleged to have been committed by defendants to the injury of plaintiff’s placer mining claim, and to enjoin further continuance of the acts. At the conclusion of plaintiff’s evidence the court gave judgment for defendants on the merits without requiring the introduction of any evidence on their part. From this judgment plaintiff appeals.

The complaint alleges that plaintiff is the ■ owner of a placer mining claim in Laurel Gulch, Los Angeles County, containing twenty acres, in the form of a parallelogram, eighty by forty rods, with its side lines running northerly and southerly and substantially parallel with the direction of the gulch and likewise with the stream that flows therein; that after plaintiff located his claim, defendants located their mining claim to the north of plaintiff’s and farther up the gulch; that in working their mill defendants caused large quantities of “tailings” to be carried down to and deposited upon plaintiff’s claim, to a depth of from several inches to several feet; that subsequent to plaintiff’s location defendants constructed a trail or road around and above plaintiff’s claim, and…