Empire Gold Mining Co. v. Bonanza Gold Mining Co.

Citations

• 67 Cal. 406
• 7 P. 810
• 1885 Cal. LEXIS 657

Syllabus

<p>Mining Claim—Trespass—Measure of Damages.—The measure of damages in an action for trespass on a mining claim is the amount of money that will fully compensate the plaintiff for all detriment proximately caused, by the trespass.</p> <p>Id.—Nominal Damages.—The trespass being proved, tho law presumes nominal damages; and the defendant cannot justify his act, and obtain a verdict, by showing that the value. of the ore extracted from the claim was less than the expense of extracting it.</p> <p>Evidence—Impeachment of Witness.—Affidavits or letters of a witness which tend, although in a slight degree, to contradict his testimony, are admissible for that purpose.</p> <p>Costs—Taxing—Obdeb—Appeal.—An order on a motion to tax a cost bill, made after the rendition and entry of final judgment, can he reviewed only on a direct appeal therefrom.</p>