United States v. Ute Coal & Coke Co.

Citations

• 158 F. 20
• 85 C.C.A. 302
• 1907 U.S. App. LEXIS 3969

Syllabus

<p>1. Trover and Conversion — Action eob Trespass and Conversion Identical with Action for Conversion where no Damage to Land Claimed.</p> <p>A cause of action for trespass upon land, and for the taking from it asportation and conversion of coal, timber, or other personal property, wherein the only damage alleged is the loss of the value of the personal property converted, is the same in legal effect as a cause of action for the conversion of the personal property.</p> <p>2. Writ of Error — Review—Error Must be Proved.</p> <p>He who alleges an error in the trial of a cause must establish it by the record or it will be disregarded.</p> <p>[Ed. Note. — Por cases in point, see Cent Dig. vol. 3, Appeal and Error, § 3670.]</p> <p>3. Trover and Conversion — Personal Property — Measure of Damages.</p> <p>One who unintentionally, and in the honest belief that he is lawfully exercising a right he has, enters upon the property of another, and removes his ore, his coal, his timber, or any other valuable appurtenant to his land, is liable in damages for the value of the ore, timber, or other thing in its original place, and for no more.</p> <p>But one who willfully and intentionally takes ore, timber, or other property of another, and appropriates it to his own use, must respond to the owner for the full value of the property at the time he converts it, without deduction for the labor bestowed or expense incurred in removing and preparing it for market.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 47, Trover and Conversion, §§ 203, 264.]</p> <p>4. Same — Presumption of Intention to Convert.</p> <p>There is a legal presumption that one who takes or converts to his own use the property of another intends so to do, and a jury may lawfully infer that such a wrongdoer had knowledge of the right and title of the owner of the property which he appropriated, and that he intended to convert it to his own use from his reckless disregard of the owner’s right and title, unle