OCR Text |
Show RESUME HEARING IN TUNNEL LITIGATION In the case of the Monetaire Mining company apninat the Columbus Extension Exten-sion Mining company, a suit to condemn con-demn a tunnel owned by the defendant company for use by the plaintiff company, com-pany, the demurrer of the defendant was overruled yesterday by Judge P. C. Evans of the Third district court. Hearing will now be conducted upon the action brought. The basis of the demurrer was the j fact that the tunnel was in use by the j defendant company, and therefore, the ! defendant counsel claimed, was not sub- j ject to condemnation. Both sides were i perimtted to submit authorities upon 1 the question. |