Stone v. Geyser Quicksilver Mining Co.

Citations

• 52 Cal. 315
• 1877 Cal. LEXIS 106

Syllabus

<p>Abandonment of Mine. — In the trial of an issue as to whether mining ground had been abandoned by the plaintiff before the defendant’s entry, the fact that the defendant believed the mine had been abandoned by the plaintiff when he entered is not to be taken into consideration by the jury in determining the issue.</p> <p>Idem. — The question of abandonment can never arise except' where there has been possession, and then the question is simply whether the possessor intended to return, and whether he intended to return in good faith or bad faith.</p> <p>Idem.—It is erroneous for the Court to instruct the jury that they are authorized to find the fact of abandonment from the existence of other facts.</p> <p>Right of Juror to Pass on Facts.—It is erroneous for the Court to instruct the jury that they are authorized to find a fact from the existence of other facts. This is different from telling the jury that the existence of a fact tends to4>rove another fact.</p>