Liberty Bell Gold Mining Co. v. Smuggler-Union Mining 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 at law by the Smuggler-Union Mining Company against the Liberty Bell Gold Mining Company. Judgment for plaintiff, and defendant brings error. For convenience the defendant in error, who was the plaintiff in the court below, will be referred to herein as the plaintiff, aud the plaintiff in error as the defendant.
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In Error to the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Action at law by the Smuggler-Union Mining Company against the Liberty Bell Gold Mining Company. Judgment for plaintiff, and defendant brings error. For convenience the defendant in error, who was the plaintiff in the court below, will be referred to herein as the plaintiff, aud the plaintiff in error as the defendant. This action is to recover damages for a willful and intentional trespass of mining property. The taking is admitted by the defendant, but it denies that it was committed…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). While •there are a large number of errors assigned, counsel for plaintiff in error grouped them in six specifications, which cover all the issues involved, and are the errors upon which a reversal of the judgment in 1jie court below is asked. These specifications, in the language of the counsel, are:
“(1) The court erred in charging the jury that the higher measure of damages should be allowed in case of either a willful, intentional, or reckless trespass.”
“(2) The staling to the jury of cases of timber cutting and coal mining as illustrations of the rule in…
2Cases cited47 opinions
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- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
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3Cited by20 opinions
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- Kentucky Harlan Coal Co. v. Harlan Gas Coal Co.Court of Appeals of Kentucky (pre-1976) · 1932
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