Legal Opinion
Minerals & Chemicals Philipp Corporation, Plaintiff-Appellee-Cross-Appellant v. The Milwhite Co., Inc., Defendant-Appellant-Cross-Appellee
Court of Appeals for the Fifth Circuit
Decided August 5, 1969No. 27124_1PublishedCited by 19 opinions
1Opinion of the Court
ATKINS, District Judge:
It is contrary to human experience for a landowner to sit idly by and watch an adjacent landowner innocently trespass and mine some 50,000 tons of clay over a period of more than a year. The legal consequences of such behaviour are resolved by this opinion.
The Milwhite Company, the innocent trespasser, appeals from a remittitur-re-duced jury verdict in favor of Minerals & Chemicals Philipp Corporation, the landowner whose clay was mined. Pursuant to a complex set of interrogatories the jury found that the trespass by appellant extended from January 6, 1964 to May 24,…
2Cases cited9 opinions
- Richards v. DodgeDistrict Court of Appeal of Florida · 1963
- Movible Offshore Company v. Arthur Lee Ousley, Arthur Lee Ousley v. Movible Offshore CompanyCourt of Appeals for the Fifth Circuit · 1965
- Aetna Casualty and Surety Company v. SimpsonDistrict Court of Appeal of Florida · 1961
- Jacobs v. PerrySupreme Court of Colorado · 1957
- Kycoga Land Co. v. Kentucky River Coal CorporationCourt of Appeals for the Sixth Circuit · 1940
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In the Matter of Barbara Garfinkle, Bankrupt. Arthur Dooley, Trustee, and Penthouse International, Ltd. v. Kenneth J. Weil, Trustee in BankruptcyCourt of Appeals for the Eleventh Circuit · 1982
- Itel Capital Corporation, a Corporation, Cross-Appellant v. Cups Coal Company, Incorporated, a Corporation and Herman Mulvehill, Cross-AppelleesCourt of Appeals for the Eleventh Circuit · 1983
- Alaska Placer Company v. LeeAlaska Supreme Court · 1976
- National Companies Health Benefit Plan, Trust Agreement for the National Companies Health Benefit Plan, Alfred A. Davis, in His Capacity as Trustee, Michael C. Carlos, in His Capacity as Trustee, Plaintiffs-Counterclaim v. St. Joseph's Hospital of Atlanta, Inc., Defendant-Crossclaim Medical and Dental Plan, for Employees of St. Joseph's Hospital of Atlanta, Inc., Defendant-Crossclaim Defendant-Counterclaim Plaintiff-Crossclaim Robert S. Hersh, Janet Hersh, Individually and in Their Capacities as Parents and Legal Guardians of Caitlyn Hersh, Jonathan Hersh, and Amanda Hersh, Amanda Hersh, Jonathan Hersh, and Caitlyn Hersh, Defendants-Counterclaim Plaintiffs-Crossclaim Plaintiffs-Crossclaim Robert S. Hersh, Janet Hersh, Individually and in Their Capacities as Parents and Legal Guardians of Caitlyn Hersh, Jonathan Hersh, and Amanda Hersh, Amanda Hersh, Jonathan Hersh, and Caitlyn Hersh v. National Distributing CompanyCourt of Appeals for the Eleventh Circuit · 1991
- Richard William Gorsalitz v. Olin Mathieson Chemical Corporation, Electric Mutual Liability Insurance Company, IntervenorCourt of Appeals for the Fifth Circuit · 1972
14 more not listed; retrieve them via the Exa API.