, $26 FEDERAL REPORTER.
guish-able mass, passes on, and is depositedalong the course of the river in the
valley below, burying valuable land  and creating a public and private nui-
sance. A.bil1 in equity by a party injured against all the parties thus con-
tributing to the nuisance to enjoin it is not demurrable as being multifarious,.
I or fora misjoinder of parties defendant.
2. Same; = V
The parties thus creating the nuisance may be joined in equity, both on the
` __ ground that they co-operate in fact, and actually contribute to the nuisance,
V the injury being the single result of the action of the debris combined, and
’ ' operating together long before it reaches the place where the injury is effected;
a1s0,’on¢the ground of avoiding a multiplicity of suits.
3. NUISANCE§;-—PABTIES-TENANT IN Common.
, · One tenant in common of land, injured bya public and private nuisance,
may sue to enjoin the nuisance without making his co-tenant a party, either
as complainant or defendant.
_ In Equity. V V
S George Odclwallcder, I. S. Belcher, and J. Norton Pomeroy, for com-
plainants`; · Y
  T. Wallace, S. M. Wilson, J. K. Byrne, and W. C. Belcher, for
defendants; ~ ‘ `
‘ Sewrms, J. ` This is a bill brought against a number of hydraulic
`mining companies, severally owning mines at various points on the
Yuba river and its tributaries, and working them independently of
each other, to restrain them from discharging the gravel, waste earth,
and mining debris arising from working their several mines into the
streams. '
It is alleged, generally, that complainant has been for 24 years,.
._ _ and that he is now,‘the owner of an undivided half of three several
parcels of land, situated on Feather river, and in the city of Marys-
ville, on the Yuba river; that the defendants, severally, own large
mines situated at various points on the Yuba river and its ailluents,
which they areyrespectively, working by the hydraulic process, by `
means of which the gravel, waste earth, and other debris arising there-
from are discharged into the several streams on which the mines are
situated; that vast quantities of this debris are carried by the rapid
currents of the waters down the various streams into the Yuba river,
where they commingle before reaching the valley, and after thus
uniting flow along the main Yuba through the valley past Marysville
into Feather river, thence to the Sacramento, making large deposits
along the courses of these rivers, which have buried from two to fifty
feet deep, and utterly destroyed,40,000 acres of the most valuable
lands, heretofore cultivated, and made it necessary to the citizens,
including the complainant, to construct levees of great extent to pre-