Fritts

There are two appeals in this ease, both taken by the defendants. The first is from an order refusing to change the place of trial from Del Norte County to Siskiyou; the second, from a final judgment in favor of the plaintiff, and an order refusing defendants’ motion for a new trial. As we have reached the conclusion that the case must be dismissed, it is not necessary to consider the appeals separately.

The action was brought in Del Norte County to enjoin the defendants from dumping into Indian Creek, above plaintiff’s premises, tailings, bowlders, stones, sand, gravel, or clay from mineral lands, whereby they foul the waters of the creek, fill up his mill-dam, deprive him of water to irrigate his garden, stop his saw-mill from running, and destroy other lands along said creek, to his damage, etc.

Plaintiff charges that “ since the discovery of gold on this creek, over thirty years ago, mining has always been carried on on said stream; but until the commencement of hydraulic mining on said stream on a large scale by the defendants, as hereinafter stated, the said Indian *395 Creek, in crossing the premises of plaintiff, ran on a hard rock bottom.”

The manner of conducting…