Durant Min. Co. v. Percy Consol. Min. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. The La Salle and the Stilwell lode mining claims joined each other. The Durant Mining Company, a corporation, the plaintiff in error, and thd owner of the Stilwell claim, removed some ore from a slope many hundred feet beneath the surface of the earth, which proved to he on the line between the two claims, so that about 43 per cent, of the ore taken from it was on the La Salle claim.
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In Error to the Circuit Court of the United States for the District of Colorado. The La Salle and the Stilwell lode mining claims joined each other. The Durant Mining Company, a corporation, the plaintiff in error, and thd owner of the Stilwell claim, removed some ore from a slope many hundred feet beneath the surface of the earth, which proved to he on the line between the two claims, so that about 43 per cent, of the ore taken from it was on the La Salle claim. The Percy Consolidated Mining Company, a corporation, and the owner of 31/s % of the La Salle claim, sued the Durant Company for…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). One who unintentionally, and in the honest belief that he is lawfully exercising a right which he has, enters upon the property of another and removes his ore, his timber, or any other valuable appurtenant to his real estate, is liable in damages for the value of the ore, timber, or other thing in its original place, and for no more. He may limit the recovery of the owner by deducting from the value of the ore at the mouth of the shaft the cost of mining and transporting it to that point; and from the value of the timber at the boom, the cost of cutting,…
2Cases cited17 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Benson Mining & Smelting Co. v. Alta Mining & Smelting Co.Supreme Court of the United States · 1892
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1892
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Kahle v. Crown Oil Co.Indiana Supreme Court · 1913
- Stokes v. United StatesCourt of Appeals for the Eighth Circuit · 1920
24 more not listed; retrieve them via the Exa API.