United States v. Magoon

U.S. Circuit Court for the District of Illinois

United States v. Magoon

26 F. Cas. 1138, 3 McLean 171

CourtU.S. Circuit Court for the District of Illinois

DecidedJune 15, 1843

StatusPublished

Cited by4 cases

This text of 26 F. Cas. 1138 (United States v. Magoon) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Magoon, 26 F. Cas. 1138, 3 McLean 171 (circtdil 1843).

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Opinion

■ OPINION OF THE COURT. This is an action of trespass, charging the defendant with digging and carrying away a large amount of lead from the lands of the United States. The defendant suffered a default, and the jury was sworn to assess the damages, &c. It was proved that defendant entered upon the lands of the United States, dug a large quantity of ore, and conveyed it away. The plaintiffs contended that they are entitled to the value of the ore, after it was dug; but the court instructed the jury, that that was not the measure of damages, but the injury done to the soil by the trespass. That the digging and carrying away by the same person, is presumed to be a continuous act, and the lead ore removed must be considered in aggravation of the trespass upon the soil. Neither is the rate at which leases are made for these mineral lands, a proper criterion of damages. A trespasser is not to be put upon the footing of a lessee.

The jury assessed the damages at - dollars. Judgment.

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■ OPINION OF THE COURT. This is an action of trespass, charging the defendant with digging and carrying away a large amount of lead from the lands of the United States. The defendant suffered a default, and the jury was sworn to assess the damages, &c. It was proved that defendant entered upon the lands of the United States, dug a large quantity of ore, and conveyed it away. The plaintiffs contended that they are entitled to the value of the ore, after it was dug; but the court instructed the jury, that that was not the measure of damages, but the injury done to the soil by the trespass. That the digging and carrying away by the same person, is presumed to be a continuous act, and the lead ore removed must be considered in aggravation of the trespass upon the soil. Neither is the rate at which leases are made for these mineral lands, a proper criterion of damages. A trespasser is not to be put upon the footing of a lessee.

The jury assessed the damages at - dollars. Judgment.

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Bluebook (online)

26 F. Cas. 1138, 3 McLean 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-magoon-circtdil-1843.

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