The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-23
FIND FOR PLAINTIFF
The General Verdict of the Jury in
the B. & B.-LexingtOn Case.
DAMAGES IN SUM OF SIPS 900
Special Finding In Addition-Eleven
for, One AgaInst-importan Mat
tiers Upon Which the Court
Instructed the Jury.

anu -DNC uOlldIS, hdS
the general verdict returned by the
jury yesterday morning in the big
mining case of the Butte & Boston
company against the Lexington Min
ing company. After the actions of the
jury the night before ii was pretty well
known that the verdict would be for
the Butte & Boston. but all the attor-
neys and representatives of the two
companies were in court yesterday
morning when the verdict was received.
In addition TO the general verdict the
jury made the following findings, each
separate finding being signed by VIII
lam Bailey. foreman:
lis the top or apex of the vein or
veins from the ore in dispute was eX
tracted by the defendant in the Slopes
of the Lexington workings beneath the
surface of the portion of the Wappelo
claim owned by plaintiff. north of the
dividing boundary line on the surface
beneath the portion of the Wappelo
claim owned by plaintiff and the por
tion thereof owned by defendant land
which line is the north side line of the
Butte * Boston portion and the south
side line of the Lexington portion), and
is such top or apex within the surface
boundaries extended downward vertl-
cally of said Lexington portion, or is
SUCH Top Vi apex SOulH VI cdiu nlt
mentioned and within the surface
boundaries extended downward verti-
cally of said Butte & Boston portion of
said claim which lies south of said line?
"Answer-We find ii south of said
line and within the boundaries of the
Butte & Boston ground.
IF said top or apex is north of said
line. and within the surface boundary
line extended downward vertically of
Ia .pvfnOfnn nnTfinn M 10 WnnnplO
claim, do said vein or veins above re-
ferred to, upon its or their course or
strike, pass through the end of the
Wappelo claim as patented?
"Answer-We find that IL passes
through the west side line of the Lex
ington on into the Wappelo. but do not
find its apex north of the line
Was the ore taken by defendant
from the slopes of the Lexington work
ings beneath the surface of the Butte
& Boston portion of the Wappelo
claim. taken from between vertical
planes drawn downward at the surface,
one through the easterly end line of
the Wappelo lode claim location. and
the other through the west surface end
line of said Lexington portion of said
Wappelo claim, so continued in their
own direction that such planes will in
tersect such exterior parts of such vein
or veins?
"Answer-we find the ore extracted
from the Butte q Boston portion of
the Wappelo.
did plaintiff discover. more than
two years before the commencement of
this action July 9Th 1880, that de-
PENDANT was extracting ore from the
slopes in the Lexington workings be-
meath the surface of plaintiffs portion
of the Wappelo claim?
"Answer-No.
What was the value. after deduct
ing expenses of mining and milling, of
the ore taken by defendant from the
Lexington Slopes beneath the surface
of plaintiffs portion of the Wappelo
claim, from the time that defendant
commenced extracting said ore to the
time of the commencement of this ac-
ton on July 9Th, 1895?
"Answer-One hundred and twenty
five thousand dollars.
What was the value. after deducting
expenses of mining and milling, of the
ore taken 10y defendant from the Lex
ington slopes beneath the surface of
plaintiffs portion of the Wappelo claim,
from the 9th day of March, 1898. to the
time of the commencement of this ac-
ton on July g. 1895?
"Answer-Thirty-s thousand dol
lars
What was the value. after deducting
ore taken by defendants from the Lex
ington slopes beneath the surface OF
plaintiffs portion of the Wappelo claim
from the 9Th day of July, 1893. to the
time of the commencement of this ac-
tion on July 6. 1895?
"Answer-Twelve hundred and sew
enty-eight dollars
on request of counsel for defense the
jury was polled and stood as follows I'm
favor of the verdict and findings as re-
turned.
Yes-John Barrett. Joseph Massa. l..
W. Belveal, Peter Mateoce. William
Bailey. John Gilbert. Charles NJ Pal
mer, Henry Olson. John u. Sattes. Will
liam Shields, Joseph Desrosier.
No-James killham.
After being polled. the jury was dis
charged and the verdict and findings
were ordered entered upon the minutes
of the court. The verdict is not bind
ing upon the court, and IL may either
adopt or reject IL. A motion for their
adoption will be considered later.
Among the important matters upon
which the court had instructed the jury
are the following: Plaintiff seeks To
recover OF the defendant the sum of
$500 900 alleged TO be the value of ores
extracted by the defendant from GER
tain portions of the Wappelo lode
claim, which the plaintiff claims to own.
that the ores In question were extract
ed or mined from vein which has its
apex in a certain portion of the Wap-
pelo which IL is claimed belongs To the
defendant and also pleads the statute
of limitations as a bar To plaintiffs
right TO recover for any ore extracted
prior To July I. 1898, the action being
commenced July g. 1895 The first ques-
ton TO be considered is whether the
apex of the vein from which the ore in
question was extracted is in the por-
tons OF the Wappelo owned by the de-
fndant. and IL such apex is not so found
the verdict must be for the plaintiff II
is admitted by both parties that the ore
in controversy was extracted from
within that portion of the Wappelo
owned BY the plaintiff and this fact
alone entities the plaintiff TO recover
unless il is shown that the apex OF the
vein H. within the defendants ground
With reference To the plea Of the
statute OF limitations by defendant,