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PEOPLE v. NEW PENN MINES, INC.

Docket No. 10413.

212 Cal.App.2d 667 (1963)

28 Cal. Rptr. 337

THE PEOPLE, Plaintiff and Appellant, v. NEW PENN MINES, INC., Defendant and Respondent.

Court of Appeals of California, Third District.

February 5, 1963.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, and J.M. Sanderson, Deputy Attorney General, for Plaintiff and Appellant.

Lally, Martin & Luce, Thomas W. Martin and John Amos Fleming for Defendant and Respondent.

FRIEDMAN, J.

Defendant corporation is owner of the Penn Mine, which lies adjacent to the Mokelumne River in Calaveras County, a few miles below Pardee Dam. The Attorney General sues it in the name of the People, seeking abatement of a public nuisance caused by drainage of toxic mine wastes into the river and resulting damage to fish life. Defendant demurred generally and on the ground of lack of subject-matter jurisdiction...

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