Lincoln v. Rodgers
Montana Supreme Court
Appeal from the Second District, Deer Lodge County. This action was commenced by Lincoln and another in the district court, in April, 1869, to recover $3,000 damages, and enjoin defendants from washing down on plaintiffs’ mining claims, tailings, gravel and sand. The cause was tried at the September term, 1869, by a jury that rendered a general verdict for defendants, and, also, ten special findings.
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Appeal from the Second District, Deer Lodge County. This action was commenced by Lincoln and another in the district court, in April, 1869, to recover $3,000 damages, and enjoin defendants from washing down on plaintiffs’ mining claims, tailings, gravel and sand. The cause was tried at the September term, 1869, by a jury that rendered a general verdict for defendants, and, also, ten special findings. The court, Knowles, J., refused the motion for a new trial, and plaintiffs appealed. The facts are stated in the opinion. The evidence was insufficient to justify the verdict and special…
1Opinion of the CourtSymes, J.
This was an action brought by plaintiffs, alleging that they were and had been for two years the owners of certain mining ground in Lincoln district, Carpenter’s gulch, Deer Lodge county, Montana; to wit: Six claims next below discovery; that said mining ground had been located for the purpose of mining the same by bed rock flumes ; that they had been continually working and mining the same when practicable since location, and had constructed a bed rock flume and a reservoir for harboring the water. Further, that defendants have been for more than a year mining on ground in said gulch, six…
2Cases cited2 opinions
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- Esmond v. ChewCalifornia Supreme Court · 1860
3Cited by12 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Fleming v. LockwoodMontana Supreme Court · 1907
- Chessman v. HaleMontana Supreme Court · 1905
- Carson v. HayesOregon Supreme Court · 1901
- Fitzpatrick v. MontgomeryMontana Supreme Court · 1897
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