Texas Cannel Coal Co. v. Consumers' Lignite Co.

Fifth Circuit

Texas Cannel Coal Co. v. Consumers' Lignite Co.

173 F. 1022, 97 C.C.A. 669, 1909 U.S. App. LEXIS 5138

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 30, 1909

DocketNo. 1,986

StatusPublished

This text of 173 F. 1022 (Texas Cannel Coal Co. v. Consumers' Lignite Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Texas Cannel Coal Co. v. Consumers' Lignite Co., 173 F. 1022, 97 C.C.A. 669, 1909 U.S. App. LEXIS 5138 (5th Cir. 1909).

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Opinion

PEB CURIAM.

The controversy in this case is over the amount of damages to be recovered for lignite unlawfully removed by the appellant from appellee’s land; the question being whether the trespass was inadvertent or willful. We find that Lowery, the general manager, was the representative of the appellant in determining how far mining operations should be carried on and extended, and it was conceded that he had full knowledge of the trespass committed. See U. S. v. Ute Coal & Coke Co., 158 Fed. 20, 85 C. C. A. 302. The decree of the Circuit Court is affirmed.

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PEB CURIAM.

The controversy in this case is over the amount of damages to be recovered for lignite unlawfully removed by the appellant from appellee’s land; the question being whether the trespass was inadvertent or willful. We find that Lowery, the general manager, was the representative of the appellant in determining how far mining operations should be carried on and extended, and it was conceded that he had full knowledge of the trespass committed. See U. S. v. Ute Coal & Coke Co., 158 Fed. 20, 85 C. C. A. 302. The decree of the Circuit Court is affirmed.

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Bluebook (online)

173 F. 1022, 97 C.C.A. 669, 1909 U.S. App. LEXIS 5138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-cannel-coal-co-v-consumers-lignite-co-ca5-1909.

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