Gates v. Rifle Boom Co.

The plaintiff, in his lumbering operations, in 1882 cut over the line upon the adjoining land of Eust Bros. & Co., and thereby secured and marked as his own about

135.000 feet of logs belonging to the latter. These logs were mixed with the other logs of plaintiff, and banked on the west branch of the Riñe river. They were not run out the following spring, but remained in the rollway during the summer and fall of 1883. In that year Rust Bros. & Co. sent some scalers where the plaintiff’s logs were, who selected out, as best they could, logs of the same quality as those taken from the Rust lands…