Anderson v. Newport Mining Co.

Assuming that plaintiff was not a trespasser in using the traveled path across defendant’s premises, was licensed to do that, he went aside, out of the way, to examine, and then to appropriate, some of defendant’s personal property. Having appropriated and carried away this property, in another place, not on defendant’s premises, and after some lapse of time, he was injured in attempting to convert it to some personal use. It is alleged in the declaration of the plaintiff that because children, including plaintiff, did use the said way and , had for a long time done so, and because they were…