Himrod v. Ft. Pitt Min. & Mill. 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 Ft. Pitt Mining & Milling Company against Fred E. Himrod. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
CARLAND, Circuit Judge.
This is an action by the Milling Company, as plaintiff, to recover from Himrod, as defendant, damages for *747alleged trespasses upon the Oneida mining claim, Clear Creek county, Colo. The case has been here twice before. 202 Fed. 724, 121 C. C. A. 186; 220 Fed. 80, 135 C. C. A. 648. The plaintiff on the third trial, as it had on the previous trials, recovered a verdict. The defendant has again removed the case here, assigning error.
The errors assigned and argued by counsel for defendant, which we are authorized to consider, relate to the rulings of the trial court with…
2Cases cited5 opinions
- Frizzell v. Omaha St. Ry. Co.Court of Appeals for the Eighth Circuit · 1903
- Nevada Co. v. FarnsworthCourt of Appeals for the Eighth Circuit · 1900
- Grady v. St. Louis Transit Co.Court of Appeals for the Eighth Circuit · 1909
- Himrod v. Ft. Pitt Min. & Mill. Co.Court of Appeals for the Eighth Circuit · 1915
- Himrod v. Ft. Pitt Mining & Milling Co.Court of Appeals for the Eighth Circuit · 1912
3Cited by3 opinions
- Maryland Casualty Co. v. Cook-O'Brien Const. Co.Court of Appeals for the Eighth Circuit · 1934
- Kennedy Lumber Co. v. RickbornCourt of Appeals for the Fourth Circuit · 1930
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928