Occidental Consolidated Min. Co. v. Comstock Tunnel Co.

(orally). It was claimed by defendant upon the motion for new trial that the court erred in instructing the jury as to the measure of damages which the plaintiff was entitled to recover, if the jury should find in its favor. I am of opinion that the instructions given upon this point were as favorable to the defendant as the law would warrant. No exceptions were taken to the charge of the court as to the measure of damages. It is true that in one portion of the charge the word “deduct” was inappropriately used, but it is manifest that, notwithstanding this inadvertence, or improper use of the…