Dinwiddie Construction Co. v. Campbell

OPINION

By the Court,

Badt, J.:

This appeal presents the question of the correct measure of damages for an innocent or non-willful taking of diatomaceous earth from a mineral claim of the rightful owner. It also involves a placing of the burden of proof as to the value of said ore and the deductible expenditures of defendant which may be considered in mitigation of damages.

Finally, we are concerned with two procedural questions: First, the admissibility for review of evidence first offered after judgment. Appellant introduced this evidence accompanying a request for an order vacating judgment.…