Minturn

delivered the opinion of the Court.

This action was brought to recover damages for obstructing the navigation of the American Biver.

The plaintiffs allege that, while engaged in navigating said river with a steamboat, they were detained and prevented from freely passing, in consequence of the refusal of said defendants to raise the “draio” of a certain bridge owned by them, and claim damages for the delay, wages of hands, fuel, etc., etc.

The defendants justify on the grounds, first, of a license from the Court of Sessions of Sacramento County, authorizing the construction of said bridge; and, second, that at the time of the obstruction complained of, a sudden flood had so injured and weakened the bridge as to render it unsafe to raise the “ draw,” and, in view of this fact, the Board of Supervisors had ordered, for the safety of the bridge, that the draw should be kept down until the flood subsided.

It was also set up in defense, that the act of keeping down the draw did not amount to an absolute obstruction, and the plaintiffs might have passed the bridge, through a slough. This latter defense, if proved, would certainly go in mitigation of damages, but does not alter the…