Yuba Consolidated Gold Fields v. Kilkeary

206 F.2d 884 (9th Cir. 1953)

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Nature of the Case

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Facts

P is a citizen of Maine. Ds are all citizens of California. Since March 18, 1905, P has been engaged in mining gold by dredging in Yuba County. During November 1950, a series of storms deposited too much rain, and a flood of the Yuba River resulted and that broke a south training wall that P had constructed in 1925 as part of flood and debris control. The river’s overflow then spread over 100 square miles of Yuba County. This caused an unascertainable amount of damage to all types of property with about 2,669 complainants. The county and state officials declared a state of emergency. Over 8,000 people were forced to evacuate. During the aftermath, a public charge was made against P claiming that its dredging had caused the flood and that P was responsible for all the damages that had occurred. Eventually, actions were filed, and P had at present more than six actions with 100 claimants and $853,964.98 in damages claimed. P claimed that those suits were unfounded and that there was no causal connection between its activities and the flood and the damages to Ds. P then filed a bill of peace. P claimed that he had no adequate remedy at law and that unless the bill was granted, he would be subject to a multiplicity of actions by Ds involving identical questions of law and that all of these actions would ask for sums that were beyond P’s ability to pay. P asked that Ds be enjoined from their suits and that only one action be permitted. The bill was dismissed for a failure to state a claim upon which relief can be granted. P appealed.