Himrod v. Ft. Pitt Min. & Mill. Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Action by-the Ft. Pitt Mining & Milling Company against Fred E. Hirnrod. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
T. C. MUNGER, District Judge.
This action for the recovery of damages occasioned by the deposit of rock and debris by plaintiff in error upon the property of the defendant in error, was formerly before this court, and the opinion of the court is published in Himrod v. Ft. Pitt Mining & Milling Co., 202 Fed. 724, 121 C. C. A. 186, to which reference may be had for a statement of the essential facts.
Upon the second trial, the deed and mining lease referred to in the former opinion were received in evidence. The lease provided for certain mining and tunnel work to be done by plaintiff in error…
2Cases cited23 opinions
- Humphreys v. McKissockSupreme Court of the United States · 1891
- Bank v. KennedySupreme Court of the United States · 1873
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Williams v. GibsonSupreme Court of Alabama · 1887
- Armstrong v. Maryland Coal Co.West Virginia Supreme Court · 1910
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3Cited by4 opinions
- Simons v. McDanielSupreme Court of Oklahoma · 1932
- Himrod v. Ft. Pitt Min. & Mill. Co.Court of Appeals for the Eighth Circuit · 1916
- Hammarstedt v. BakeleySupreme Court of Iowa · 1918
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928