Lothrop v. Southern Pac. Co.

NORCROSS, District Judge.

Plaintiffs by their complaint pray judgment against defendant for damages for alleged unlawful removal of slag from a slag dump on land owned by plaintiffs and for trespasses committed in the movement of engines and cars over a'track laid thereon. Defendant by its answer denies ownership in plaintiffs of the land upon which said slag dump is lo’cated and alleges ownership of said slag dump and right of way fot removal'thereof by’contract and sale made by the Mason Valley Mines‘Company; the then owner of the land in controversy, by two separate agreements in writing…