Foster v. Lumbermen's Mining Co.

This is an action of trover to recover for the conversion of a quantity of lean ore, taken from the Ludington mine, and lying on the premises, and claimed by the plaintiff to be his property. The pile was estimated to contain about 14,000 tons, and was not uncommonly called “refuse rock.” The record shows that ore yielding less than 50 per cent, of iron is usually regarded as unsalable.

The land upon which the mine was located belonged to the Lake Superior Ship-canal, Railway & Iron Company, and was operated by the defendant under a lease from that company, by which the defendant was…