Hammond v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by the United States against A. B. Hammond. Judgment for plaintiff (226 Fed. 849), and defendant brings error.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Action by the United States against A. B. Hammond. Judgment for plaintiff (226 Fed. 849), and defendant brings error. This action was brought by the United States to recover the value of certain timber alleged to have been cut and removed from certain specifically described public lands of the United States situate in the state of Montana— the complaint as amended alleging that from time to time during the year 1885 down to and including the year 1891…
1DissentGilbert, Circuit Judge
I am unable to agree that the judgment should be reversed for errors in the instructions. The rule of damages as established by the Woodenware Case and Pine River Logging Co. v. United States, 186 U. S. 279, 22 Sup. Ct. 920, 46 L. Ed. 1164, is that:
“Where the trespass is the result of inadvertence or mistake, and the wrong was not intentional, the value of the property when first taken must govern; or, if the conversion sued for was after value had been added to it by the work of the defendant, he should be credited with this addition.”
The present case is brought by the pleadings within the…
2Cases cited6 opinions
- Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
- United States v. St. Anthony RailroadSupreme Court of the United States · 1904
- Winchester v. CraigMichigan Supreme Court · 1876
- Anderson v. BesserMichigan Supreme Court · 1902
- United States v. Denver & R. G. R.U.S. Circuit Court for the District of Colorado · 1911
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