United States v. Denver & Rio Grande Railroad
New Mexico Supreme Court
Error to the district court of the first judicial district, Santa Fe county, before Justice John R. McFie, A. J. Where one knowingly and wrongfully cuts timber from the public lands of the United States and enhances its value by his own labor, in a suit for conversion of the timber, the measure of damages is the enhanced value, and any one purchasing such timber in its manufactured state from the willful trespasser must also be responsible for its' value in the manufactured…
Read the full summary
Error to the district court of the first judicial district, Santa Fe county, before Justice John R. McFie, A. J. Where one knowingly and wrongfully cuts timber from the public lands of the United States and enhances its value by his own labor, in a suit for conversion of the timber, the measure of damages is the enhanced value, and any one purchasing such timber in its manufactured state from the willful trespasser must also be responsible for its' value in the manufactured state. Woodenware Go. v. United States, 106 U. S. 432. • • - The case was tried upon an agreed statement of facts, and…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
This case was in this court before, and was reversed and remanded for a new trial. 9 N. M. 382. At that time we determined, from the record before us, that the defendant in error, under certain special acts of Congress, had the right to cut such timber from the public lauds adjacent to its line, as was necessary for tbe repair of such portion of its road, as Avas constructed prior to June 8, 1882. We further determined that the burden of proof to show a violation of the terms of the grant, Avas upon the United States. The case AAras re-tried, under the mandate…
2Cases cited12 opinions
- Supervisors v. KennicottSupreme Court of the United States · 1877
- Barney v. Winona & St. Peter RailroadSupreme Court of the United States · 1886
- Clark v. KeithSupreme Court of the United States · 1883
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Royal International Optical Co. v. Texas State Optical Co.New Mexico Court of Appeals · 1978