, 1876-08-02
TIE COURTS.
poaohing on the Promises Of O Rival
Mining Company.

DECISIONS.
T1EYrAgR1Ntf ON coat LANHk
Enses1f fs7rrs,nnndtnrs tf Tbh Tr{Sttne

DECISIONS.
Tn.grAss1Nn ON coat f.AHNk
Special Correspondence NJ The Tribune.
OTTAWA, ILL.,, July 8i.-1n the caao Of Mnthle-
san Il l1cgclcr's Zinc Company, Of LaBal1r, ".
Tho Northern Illinois Coal and Iron Company,
OF laSalle. This is an important ,nntter, at11
has becu on trial IN tho Circuit Court during tho
rast week, md Inns Just been e.nletl, before
Judge Leland presiding, and Jury, resulting In
d verdict of &c, con for The plaintiffs.
The plaintiffs proved that the defendant en-
tered thclr coal territory. which was contiguous
to the plaintiffs, and mined out antl destroyed
p ucrcs Of eoal, an In addition To tho proof of
.iis nstal cotnatsslon q to trespass, Tue al
Of tho 1cfotlants, returned by them tt thc n
epcctor Of hIfncs, showing upon It's faco tho
astual mining OF the very territory II question.
Thu TGSa iS Te sT 81 9so 9a
Of thu coal mined at tho mouth Of tho sl'af,t,
less Tho expense Of transporting It
from. t!c place where mincsl, 70 ne
mouth Of tho ahaft, In accordance with tho rule
Of damages laid down by the Supreme Court In
tic casc Of Robertson VI. Joncs.h
This defendants' counsel claimed that tllc rule
Of damages should Ie tho value per acre Of tho
coal in thc vein. THIS position, however, was
nj Ths soos% saas vas sonastcd sde 1 by corgo s. Ery
der, OF Ottawu, and D. 8. Eya,,a, Of 1.asale for
the Plaintiffs anu by e. F. Dull, Of Ottawa, aud
8. W. Duncan, Of LaSalle, for defendants.
The rule Of damages announced by the Court
would, no doubt, liArc givan to tho plaintiffs
from 900 to Sit, 900, as II allowed to thu
trcspasscrs no abatement on account OF the
actua EXPENSES Of mining the coal, hit thu plnn-
tlfs declined to take larger verdict thun Ss0 000t
This decision Of tlls Important suit will hare
eAlutAry effect iu restraining thu trcBpusses of
designing persons upon coal mines.
Tho Ghntcery case between tic Same parties
wna also heard attGr the rendition of tliu YER
dict In the Law case, and perpetual injunction
lecrcctl restraining the Northern Illinois Coal
Mining Company from further trcspassing upon
tE,e territory nf tho Zinc Company.
Some private arrangements wero entered into
between tho parties a5 to tho occupation oi, a
portion Of tho cotnplainants' territory by de-
fenaants, for tho purpose Of ventilation, tho
particulars OF which Wero not made public.
When this case WAS settled, the patutlffB lad
not yet finished their prima fncio casc.
but compromise Was elected, almost
Immediately on tito answer Of Col. Taylor, The
President Of tho Northern Illinois Coal Conf
panY, from New York. Tho settlement WINS
TINT the defendants should consent to tho rrrl-
t1itEon Of tho Judgment for 100000; that tho
defendants should transfer to tho plaintiffs 45
acres Of cnal lands yet intact, in Lieu Of tho ~
acres Of tho pialntIifs' lunl upon which trcspass
had been committed, and that said land should
be released from tho operation Of NIL mortgages
Or incllmbranccs which might exist upon tho
property of said defendants Upon tho due
transfer Of tlls Is ncrcs, without incumbEancc,
the $4,000 Judgment Is to bc vacated.