Eureka Mining & Smelting Co. v. Way
Nevada Supreme Court
Appeal from the District Court, Sixth Judicial District, Eureka County. The following are the outlines of the map referred to in the opinion: The facts are sufficiently stated in the opinion of the Court.
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Appeal from the District Court, Sixth Judicial District, Eureka County. The following are the outlines of the map referred to in the opinion: The facts are sufficiently stated in the opinion of the Court. I. The question involved in this appeal is: Was there sufficient testimony on the question of possession by plaintiff, or its grantors, to submit to the jury ? The object of the inclosure of timber land is to notify subsequent comers that the land is claimed—is located, and that it is being used for some beneficial purpose. If that object is fully obtained by other than building brush-fences…
1Opinion of the Court
By the Court,
Hawley, C. J.:
This is an action to recover damages for an alleged trespass in cutting and carrying away wood and timber from a tract of six hundred and forty acres of land claimed by appellant.
' The real question presented by this appeal, wdiich is taken from an order of the court granting a nonsuit, is whether or not there was sufficient evidence as to the possession of the land by appellant and its grantors to authorize the court to submit the case to the jury.
The land is situate on the eastern side, or slope, of a mountain, and is valuable only for the wood and timber thereon.…
2Cases cited4 opinions
- Robinson v. Imperial Silver Mining Co.Nevada Supreme Court · 1869
- Sankey v. NoyesNevada Supreme Court · 1865
- Wolfskill v. MalajowichCalifornia Supreme Court · 1870
- McFarland v. CulbertsonNevada Supreme Court · 1866
3Cited by7 opinions
- Lechler v. ChapinNevada Supreme Court · 1877
- Ex parte HeddenNevada Supreme Court · 1907
- Rivers v. BurbankNevada Supreme Court · 1878
- Silver Peak Mines v. ValcaldaU.S. Circuit Court for the District of Nevada · 1897
- Courtney v. TurnerNevada Supreme Court · 1877
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