Empire Gold Mining Co. v. Bonanza Gold Mining Co.

Searls, C.

Action to recover damages for trespass upon a mining claim, and to obtain an injunction restraining defendant from the commission of like trespasses. Plaintiff had verdict and *407judgment for $5,000 and costs taxed at $1,344.45. Of the sum taxed as costs, $926 was for expenses of a survey made under an order of the court upon application of plaintiff and for its benefit. Defendant moved for a new trial which was denied, and the appeal is taken from final judgment and order denying motion for new trial.

Appellant claims that the verdict is unsustained by the evidence, wholly inconsistent…