Salstrom

This is an appeal from a judgment and an order denying a new trial in an action brought by plaintiffs for damages to their land, alleged to have been caused by unlawful acts of defendant in conducting its hydraulic mining operations. There was a verdict in plaintiffs’ favor for nine thousand dollars. On motion for new trial, the trial court ordered that the motion be granted unless plaintiffs remitted all over and above seven thousand dollars, and costs of suit, in which event the motion was to be'denied. This plaintiffs did by filing their written consent to the modification of the judgment within the time and in the manner prescribed by the trial court.

Plaintiffs were the owners of a tract of land containing about seventy-eight acres, in Humboldt County, extending on the easterly side to and there fronting on Camp Creek for a considerable distance. The defendant owned land adjoining plaintiffs’ land on the creek frontage and running northerly along said creek for- a considerable distance above plaintiffs’ lands. The theory of plaintiffs’ case as shown by the complaint was that defendant, in making a large prospect-cut in its land opposite plaintiffs’ land, had thrown a large…