The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-10-11
GRAND CENTRAL
AGAIN VICTOR
Supreme Court Renders Decision in
LOng-Contested Case.
LITIGATION is NOT ENDED
QUESTION OF DAMAGES NOT YET
SETTLED.
A MOTHER chapter in the long and

A MOTHER chapter in the long and
strenuous fight that has been on
between the Grand Central and
Mammoth Mining companies was
brought TO close yesterday, when the
state supreme court decided an appeal
taken by the Mammoth company by
aHlrming the action of the lower court
III hnding for the Grand Central COM
pany
The effect Of the decision. which
was written by Chief Justice George
w Bartch and cOncurred in by
justices McCarty and Straup, is to give
20 the Grand Central company the por-
ton OF the ledge that has been in dis
pute and awarded to il by the ruling
of the district court. 1t also sustains
the lower court in its refusal to per-
init the Mammoth company to set up
new apex theories on the opinion of
the judge of the lower court that two
Lodges instead of one existed and that.
had the Mammoth company presented
its case differently, it might have had
some show
As il now stands, the Grand Central
company has won every round I'm the
battle so far as it has gone. though the
question of damages has not yet been
determined.
As the attorneys for neither side had
seen the opinion, which covers some
thing like 81 600 words last evening.
they were not prepared to discuss it. It
is perfectly safe to say. however. that
the battle between the two companies
| IS long way from the final round yet.
Case Started Six Years Ago.
The trouble was started six years ago
last month, when the Grand Central com
hrn1fgahf
! Mammoth. in which it was charged that
defendant company had trespassed upon
the SilverOpOlIs claim and taken ores OF
the value of 100000, The Mammoth COM
pany alleged in its answer that the ore
bodies were in a vein, the apex of which
was in the first northerly extension Of
/ the Mammoth lode. and that il was en-
I titled To it on its dip for a length cor
responding to 100 feet on the surface
of the Extension claim and ON down
! through the Grand CentraIs SilverOpOlis
and COnsOrt claims. At the same time
the Mammoth company 1ued counter
claim against the Grand Central for $3.50
! 90 damages for ore extracted by the lat
ter from the same lode.
The case was tried and decided IN Ia
VOr of the Grand Central, and the de
! PENDANTS counter claim was dismissed
I The evidence at the trial caused the
I Judge 10 form an opinion Of his own as
regarded the ledge formation. but as lJ
/ had not been brought out or made a
part of the pleadings in the case II car
rieu no weight IN his determination OF
the case. Judge Thomas MariOneauX, the
| trial Judge, stated that in his opinion
there were two Lodges and that the one
in conflict probably had its apex in the
defendants Golden King and Bradley
claim and not i'm the Northern EXten-
sion Of the Mammoth, and that. had the
action been properly brought. the Nam
moth might have recovered damages.
As a result OF that the Mammoth COM
pany asked leave to amend its counter
claim to meet the view of the court. That
phase Of IL litigation was then thrashed
out and the court refused TO grant the
petition of the Mammoth. An appeal was
taken TO the supreme court, il being
agreed by both sides that the question of
damages should be left for later deter
minatiOu.