Legal Opinion

Doak v. Mammoth Copper Mining Co. of Maine

U.S. Circuit Court for the District of Northern California

Decided May 15, 1911No. 15,242PublishedCited by 7 opinions

At Law. Action by David P, Doalc against the Mammoth Copper Mining Company of Maine. On demurrer to complaint.

1Opinion of the Court

FARRINGTON, District Judge.

The complaint states that plaintiff is the owner of several tracts of land, on each of which there was growing “a large!' quantity of vigorous and healthy pine, cedar, oak, and other timber and trees of varying age and size and including a very large number of saplings and young trees, and which were constantly growing and increasing in quantity and value,” and that this natural growth was of the reasonable value of $76,200. Poisonous smoke, fumes, and gases from defendant’s smelters have constantly *749during tlie three years immediately prior to the action settled…

2Cases cited2 opinions

  1. Park v. Northport Smelting & Refining Co.Washington Supreme Court · 1907
  2. Nelson v. ChurchillWisconsin Supreme Court · 1903

3Cited by7 opinions

  1. Norfolk & Western Railway Co. v. Richmond Cedar WorksSupreme Court of Virginia · 1933
  2. United Verde Copper Co. v. JordanCourt of Appeals for the Ninth Circuit · 1926
  3. Feather River Lumber Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1929
  4. Operators Royalty & Producing Co. v. GreeneSupreme Court of Oklahoma · 1935
  5. Lewis v. GuthrieIndiana Court of Appeals · 1916

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