Stepan v. Northern Pacific Railway Co.

Appeal from a judgment, in favor of the plaintiffs, for damages for alleged trespass upon a patented mining claim.

The facts as they appear from the pleadings, the proof and the findings of the court, sitting without a jury, are substantially 'as follows: In the year 1883 the Utah & Northern Railway Company, having complied with the requirements of the law relative to rights of way, constructed a railway line extending from the city of Butte in a northerly direction. Where this line approached the quarter-section line in the north half of section 7 in township 3, north of range 5 west, it…