Colorado § 34-45-101 Damages for taking ore

Colorado Statutes

§ 34-45-101 — Damages for taking ore

Colorado·Title 34 Mineral·Art. Offenses

In trials for the recovery of the value of
ore or minerals wrongfully mined and extracted, if plaintiff shows himself entitled
to recover, and if he had the rightful possession of the ground from which the ore
was taken at the time the action was brought or tried, the fact that defendant may
have been in possession, either actual or constructive, when the case was tried
shall not deprive plaintiff from recovering damages for the value of the ore or
mineral mined and extracted according to the rules of law pertaining to the trials of
actions of that character. But for the purpose of the action, plaintiff shall be
deemed and held to be in possession of all the ground, drifts, stopes, openings, and
premises from which the ore was taken, although he may not be able to reach such
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In trials for the recovery of the value of
ore or minerals wrongfully mined and extracted, if plaintiff shows himself entitled
to recover, and if he had the rightful possession of the ground from which the ore
was taken at the time the action was brought or tried, the fact that defendant may
have been in possession, either actual or constructive, when the case was tried
shall not deprive plaintiff from recovering damages for the value of the ore or
mineral mined and extracted according to the rules of law pertaining to the trials of
actions of that character. But for the purpose of the action, plaintiff shall be
deemed and held to be in possession of all the ground, drifts, stopes, openings, and
premises from which the ore was taken, although he may not be able to reach such
ground from his own openings and workings. The rule of law that plaintiff can
recover nominal damages for the first entry, and then wait until he obtains actual
possession of the ground from which the ore was taken, and then bring another
action for the value of the ore or mineral so mined and taken, shall not be observed
nor applied to defeat, in the first action, the recovery of the value of the ore or
mineral so wrongfully mined and taken.

Colorado § 34-45-101 (Damages for taking ore) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.