Denver & Rio Grande Railroad v. United States
New Mexico Supreme Court
Error, from a judgment for the United States, to the Eirst Judicial District Court. •The facts are stated iu the opinion of the court. The court properly instructed the jury that the burden of proof was on defendant to show that it required the lumber for its railroad line and uses as authorized by law, delivered to it at the sawmill at Lumberton between the time the mill was located there and the time it was removed from that place.
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Error, from a judgment for the United States, to the Eirst Judicial District Court. •The facts are stated iu the opinion of the court. The court properly instructed the jury that the burden of proof was on defendant to show that it required the lumber for its railroad line and uses as authorized by law, delivered to it at the sawmill at Lumberton between the time the mill was located there and the time it was removed from that place. Railroad Co. v. Lewis, 162 U. S. 376; State v. Richeson, 45 Mo. 578; U. S. v. Cook, 36 Eed. Rep. 897; U. S. v. Murphy, Id. 378; Nelson v. U. S., 30 Id. 116.
1Opinion of the Court
MILLS, O. J.
This is an action in trover originally brought before the district court of the First judicial district by the United States to recover from the defendant, the Denver & Rio Grande Railroad Company, the sum of ninety-six thousand dollars, for the conversion of certain logs, lumber and timber, which the plaintiff claimed were manufactured ■out of trees theretofore standing and growing upon certain public lands, situated in the county of Rio Arriba, in -New Mexico, in said First judicial district. To the declaration, the defendant pleaded not guilty, issue was joined and early in…
2Cases cited2 opinions
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Berringer v. Lake Superior Iron Co.Michigan Supreme Court · 1879