| Show RENDERS DECISION IN A MINING CASE CAS E fRO 1 PARK CITY King Coalition Must Pay Top Price Instead d of Average Average Av Av- Av- Av erae for Ores In n a written decision handed banded down dow this his morning by Jud Judge e John JohnA A. A Marshalin Marshall Marshal l y in in I the tho United States district court in inthe In Inthe the case of the Silver Siver Ki King Consolidated Mining company against the Silver Siver Kin King Coalition Coalton Mines company judg judgment ment mont was granted the plaintiff Judge Marshall granted anted to the Consolidated company a 3 sum o of 64 7 to which is added simple fimple interest at the rate of 8 S per cent per annum since January 1 1906 which it is t figured red brings the total to total tal amount of or he jud judgment ent to over The caso case was brol brought h May 27 1908 The main charge made in in the he bi bill of complaint was that the Coalition I company had extracted a lar large e amount of ore horn from the tho Vesuvius claim dalm belongIng belong belong- ing jointly to the two companies for which it sought an accounting Testimony Test mony monr was taken at intervals during durin two years vears and the case caso cao was ws submitted to Jud Judge Judge- e Marshall Marshal about two months a ago o. o In his decision Judge o Marshall said No claim caim has ha boon boen advanced by the de defendant defendant do- do fondant to any exclusive excusive ownership of ol the Ute ore token taken taen or of ot the mining claim and andon andon andon on final argument It was wa Indeed admitted that the taking of the ore resulted in tn a anet anet 0 net profit for one half one hal of which tho the de defendant defendant do- do should hould be held hed liable to tho the plaintiff He Ho d decided that that tons of first frt class clas oro ore and 1187 tons of ot second class caa ore are was WIS extracted There Thore is a a great grat want of certainty with wih respect to tho the value alue of ot this oro ore said Bald J Judge e Marshall Marhal The defendant contends that a value ought to be bo aa- aa a- a equal to the tho average value of tho the ores b by It taken from this thi and ad adjoining mines during tho the period of or the taking of tho the ore or from corn this Thero There is no reliable evidence e as to when tho the ores from Crom this were marketed Under these thee circumstances I think the defendant defendant defendant dant must bo be held for tho highest monthly average a price received by it for ores during the tho period perio of the tho taking This price as to first frt class ore Oe was The Tho total received for first class clas ore ar then amounted to The cost of mining and sampling campling the ore oro or amounted to per ton or a total tota cost of ot leaving a net value net of ot A As to the second class oro ore the tho highest highest- not net value during the same cass period was WS per pcr ton and the total tota net value alue was WC therefore The defendant Is further entitled to a further credit of ot 3 for the tho cost of ot development development development develop develop- ment work confined entirely to the Vesuvius vius ius Ils claim and which was necessary to the extraction of this ore are The result Is that the thc net total amounts to 1032 one half half on-half of which or Is due dUA to tho the plaintiff To this should be added simple Interest at 8 S per cent per annum from January 1 1 1906 Both David Keith president and ad Thomas Kearns Kears general manager of ot the Sliver Silver Siver King Coalition Coalton Mines company ate aro ai in California and ad could not be seen with reference to any future acton action It was waa stated state however orv apparently good au authority authority au- au that the case cas will be appealed 0 at once |
