Harvey v. Sides Silver Mining Co.
Nevada Supreme Court
Appeal from the District Court of the Eirst Judicial District, State of Nevada, Storey County, Hon. Riohaed Riseug presiding. The facts appear in the opinion of the Court. "With regard to the measure of damages the Court substantially charged the jury that the true measure of damages was the amount that would be required to place the lot in the same condition it was before the nuisance was committed.
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Appeal from the District Court of the Eirst Judicial District, State of Nevada, Storey County, Hon. Riohaed Riseug presiding. The facts appear in the opinion of the Court. "With regard to the measure of damages the Court substantially charged the jury that the true measure of damages was the amount that would be required to place the lot in the same condition it was before the nuisance was committed. We contend that this instruction was not erroneous, but was substantially correct. In a case like this no definite and certain rule for the admeas-urement of damages is laid down in the books. If…
1Concurrence
Opinion by
Lewis, C. L,
full Bench concurring.
The facts in this case, as presented to us by the transcript, are substantially as follows: In July, A. D. 1863, the plaintiff purchased a certain lot in the City of Virginia, near the quartz lode claimed by the defendant, from persons claiming to have located it in 1860. Shortly after the conveyance to him he graded about two-thirds of it, and built a dwelling house thereon at a cost of four thousand five hundred dollars, and enclosed the lot with a fence and stone wall. That the defendant whilst sinking a shaft upon its ledge deposited from one…
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