Himrod v. Ft. Pitt Mining & Milling Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Action by the Et. Pitt Mining & Milling Company against Fred E. Plimrod. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
On March 28, 1908, the Ft. Pitt Mining & Milling Company brought an action against Fred E. Himrod for $30,000 and recovered a judgment for $5,000. For its cause of action the Mining Company alleged that on the 1st day of March, A. D. 1903, and ‘‘at other times prior and subsequent thereto,” Himrod had “willfully and maliciously entered” upon its Oneida Lode without its permission,' had dumped thereon waste material he had taken from their property, had thereby “covered up, filled and entirely destroyed” the tunnels, drifts, adits, shafts, winzes, stopes, and workings on…
2Cases cited12 opinions
- Buckstaff v. RussellSupreme Court of the United States · 1894
- Scotland County v. HillSupreme Court of the United States · 1884
- McConnel v. KibbeIllinois Supreme Court · 1864
- Missouri Pac. Ry. Co. v. CastleCourt of Appeals for the Eighth Circuit · 1909
- Stanley v. BeckhamCourt of Appeals for the Eighth Circuit · 1907
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3Cited by3 opinions
- Clauson v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- Himrod v. Ft. Pitt Min. & Mill. Co.Court of Appeals for the Eighth Circuit · 1915
- Himrod v. Ft. Pitt Min. & Mill. Co.Court of Appeals for the Eighth Circuit · 1916