California Supreme Court July 1, 1861 (Bates v. Sierra Nevada Lake Water & Mining Co.)

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

We think the Court did not err in striking put the parts of the answer to which objection was taken by the plaintiff. This matter seems to be rather in the nature of a tort, than matter showing a violation of contract on the part of the plaintiff.