Week v. Big Bunker Hill Mining Corp.

Bell, Justice.

Let me say first that I concur in the judgment of reversal because of the refusal of the requests to charge, but do not concur in all the reasoning on this subject in the fourth division of the foregoing opinion. Further comment as to this is deferred for the moment.

I agree that it was error to overrule the demurrer to the cross-action, but do so with the reservation that such an error would ordinarily be harmless, where, as in this case, the jury on submission of the cross-action found against the complainant therein. But since the judgment must be reversed for other reasons, I…