Mackay v. Uinta Development Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Wyoming; John A. Riner, Judge. Action at law by the Uinta Development Company against John C. Mackay. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
HOOK, Circuit Judge.
The Uinta Development Company sued Mackay for damages for trespass by trailing his sheep across and depasturing its lands in Wyoming. Mackay denied that his acts constituted a trespass, asserted a right to cross the public lands and to do what was necessary for its exercise, and counterclaimed for damages because the company obstructed his passage and wrongfully caused his arrest and criminal prosecution for trespassing. Upon a trial by the court without a jury, a general finding was made and judgment rendered for the company. There were no special findings.
For the…
2Cases cited8 opinions
- Camfield v. United StatesSupreme Court of the United States · 1897
- Buford v. HoutzSupreme Court of the United States · 1890
- Interstate Consolidated Street Railway Co. v. MassachusettsSupreme Court of the United States · 1907
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Thomas v. United StatesCourt of Appeals for the Ninth Circuit · 1905
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3Cited by14 opinions
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- United States ex rel. Bergen v. LawrenceCourt of Appeals for the Tenth Circuit · 1988
- Leo Sheep Company v. United States of AmericaCourt of Appeals for the Tenth Circuit · 1978
- Jastro v. FrancisNew Mexico Supreme Court · 1918
- Mumford v. Rock Springs Grazing Ass'nCourt of Appeals for the Eighth Circuit · 1919
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