United States v. Homestake Min. Co.

Citations

• 117 F. 481
• 54 C.C.A. 303
• 1902 U.S. App. LEXIS 4457

Syllabus

<p>1. Trespass—Cutting Timber—Measure of Damages—Willful and Innocent Trespassers.</p> <p>The measure of damages for the willful or intentional taking of ore or timber from the land of another without right is the enhanced value of the ore or timber when it is finally converted to the use of the trespasser. But the limit of the liability for damages Of one who takes ore or timber from the land of another through inadvertence or mistake, or in the honest belief that he is acting within his legal rights, • is the value of the ore in the mine or the value of the timber in the trees.</p> <p>2. Willful Trespass—Elements.</p> <p>The test which determines whether one was a willful or an innocent trespasser is not his violation of or compliance with the law, but his honest belief and actual intention at the time he committed the trespass, and neither a justification of his acts nor any other complete defense to them is essential to establish the fact that he was not a willful trespasser.</p> <p>8. Good Faith—Advice of Reputable Counsel—Evidence.</p> <p>The fact that one acted on the advice of reputable counsel is persuasive evidence of his good faith. And one who honestly follows the erroneous advice of such counsel upon questions of legal right concerning which a layman would hardly have actual knowledge is not chargeable with had faith, or with the willful intent to commit a wrongful act, because his counsel was mistaken in his view of the law.</p> <p>A Evidence—Forms of Taking and Certifying—Waiver.</p> <p>Parties may by stipulation, or by silent acquiescence in the introduction of evidence of the statement or affidavit of a person, waive the right and opportunity to cross-examine him, and the prescribed forms for taking and certifying bis testimony; and when this is done his statement or affidavit becomes as competent evidence of the facts it details as it would he if every formality had been observed.</p> <p>5. Pleading—General Denial—Mitigation of Unliquidated Damages