Duffy v. Strandberg

Citations

• 5 Alaska 353

Syllabus

<p>1. Public Lands &wkey;>ll—Trespass—Mines and Minerals.</p> <p>The plaintiffs were the owners of a placer mining claim upon which stood a large number of growing trees. The defendant cut and carried them away for cordwood and mining timbers. Held, guilty of trespass, and liable in damages for the amount of the injury done.</p> <p>2. Public Lands <&wkey;13—Mines and Minerals—Damages—Trespass.</p> <p>The owner of a placer mining claim may maintain a suit for damages against one who trespasses thereon and cuts standing timber, though patent had not issued from the United States.</p> <p>3. Equity <&wkey;39(l)—Injunction—Damages—Trespass.</p> <p>The plaintiffs brought a suit for injunctive relief and for damages, a suit to enjoin a trespass and for an accounting. Held, a court of equity, baying acquired jurisdiction for one purpose, will retain it for the administration of full relief.</p> <p><®=3See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>4. Mines and Minerals &wkey;>17(l)—Discovert.</p> <p>Where mineral has been found, and the evidence is of such a character that a person of ordinary prudence, not necessarily an expert miner, would be justified in the further expenditure of his labor and money, with a reasonable prospect of success, in developing a paying mine, the requirements of the statute have been met</p> <p>5. Public Dands >&wkey;13—Damages—Trespass on Mining Claims.</p> <p>There is only one safe rule' 'by which the damage to a mining claim, as such, by reason of a timber trespass, can be ascertained, and that is by showing the value of the claim before the trespass, compared with its value after the trespass. It was incumbent upon the plaintiffs to show reasonably accurate' computation of the actual damages sustained by them as owners of the placer mining claim. This they have not done. The defendant •will be restrained from further trespass, and nominal damages will be allowed plaintiffs in the sum of one dollar.</p> <p><§=»See sa