Montana R'y Co. v. Warren

This action was commenced by a petition, upon which commissioners were appointed to assess the value of certain lands lying in Silver Bow county and belonging to the respondents, over which lands the appellant sought to obtain an easement for the purpose of constructing a railroad. The land mentioned in the petition was a mining claim, known as the “Nipper Lode,” — a claim undeveloped, but upon which there were several shafts, one forty-one feet deep, another twenty feet deep. In fact the property was of that description generally known as a “ prospect.” The commissioners made their final…