United States v. Homestake Min. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of South Dakota. This was an action for the conversion of lumber and cord wood cut and removed from the Black Hills forest reserve of the United States, and used by the Homestake Mining Company, a corporation, in conducting its mining operations.
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In Error to the Circuit Court of the United States for the District of South Dakota. This was an action for the conversion of lumber and cord wood cut and removed from the Black Hills forest reserve of the United States, and used by the Homestake Mining Company, a corporation, in conducting its mining operations. In its complaint the United States alleged that between September 18, 1898, and May 1, 1899, the defendant, “without any permit or authority from the secretary of the interior, or without any authority at all,” willfully cut and removed from the Black Hills forest reserve in South…
1Opinion of the CourtSanborn, Circuit Judge
The measure of damages for the reckless, willful, or intentional taking of ore. or timber from the land of another without right is the enhanced value of the ore or timber when it is finally converted to the use of the trespasser. But the limit of the liability for damages of one who takes ore or timber from the land of another without right through inadvertence or mistake, or in the honest belief that he is acting within his legal rights, is the value of the ore in the mine or the value of the timber in the trees. Bolles Wooden-Ware Co. v. U. S., 106 U. S. 432, 434, 27 L. Ed. 230; Benson…
2Cases cited27 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
- Booth v. . PowersNew York Court of Appeals · 1874
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
22 more not listed; retrieve them via the Exa API.
3Cited by43 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. WyomingSupreme Court of the United States · 1947
- Bradley v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1923
- Swiss Oil Corporation v. HuppCourt of Appeals of Kentucky (pre-1976) · 1934
38 more not listed; retrieve them via the Exa API.