Continental Zinc Co. v. Amsden, Leonard & Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gmy, Judge. (1) The Glendale Mining Company was not entitled to recover and the verdict should have been in favor of defendants and against the Glendale Mining Company, because under the evidence there is nothing to show that the Glendale Mining Company would have mined the ore that was mined by the defendants during the life of their license and under the rule laid down in such cases the licensee cannot- recover in trespass.
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Appeal from Jasper Circuit Court. — Hon. Howard Gmy, Judge. (1) The Glendale Mining Company was not entitled to recover and the verdict should have been in favor of defendants and against the Glendale Mining Company, because under the evidence there is nothing to show that the Glendale Mining Company would have mined the ore that was mined by the defendants during the life of their license and under the rule laid down in such cases the licensee cannot- recover in trespass. Arnold v. Bennett, 92 Mo. App. 156; Lytle v. James, 98 Mo. App. 156; Rochester v. Mining Co., 86 M'o. App. 447; Lowe v.…
1Opinion of the CourtBroaddus, P. J.
This is an action for trespass, to recover damages for the removal by defendants of lead and zinc ores from the plaintiffs’ lands.
The Continental Zinc Company is the owner in fee of a tract of mining land near Joplin, Missouri; the Glendale Mining Company is one of its licensees, with a contract to mine for lead in certain lots including lot 11, upon which it is alleged defendants committed the trespass complained of. The defendants were also engaged in mining on certain lots, one of which adjoined said lot 11. The defendants and the Glendale Mining Company were operating under like contracts…
2Cases cited6 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Estes v. Desnoyers Shoe Co.Supreme Court of Missouri · 1900
- Rochester v. Gate City Mining Co.Missouri Court of Appeals · 1900
- Lytle v. JamesMissouri Court of Appeals · 1903
- Lowe v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Binswanger v. Employers Liability Assurance Corp.Missouri Court of Appeals · 1930
- Integrity Mining & Milling Co v. MooreMissouri Court of Appeals · 1908