Ferguson v. Basin Consolidated Mines

SLOSS, J.

The plaintiffs, claiming to be the owners and entitled to the possession of an undivided three fourths of a placer mining claim in Placer County, brought this action to recover damages from the defendant, which, it is alleged, unlawfully entered upon plaintiffs’ ground and took therefrom gold-bearing earth and gravel of the value of five thousand dollars. The complaint asks judgment for three thousand seven hundred and fifty dollars, three fourths of the value of the earth and gravel so taken. The cause was tried without a jury, and the court, finding in favor of the plaintiffs’ ownership as alleged, and that the defendant had entered and taken away earth and gravel of the value of $3,573.83, gave plaintiffs judgment for $2,679.77. The defendant appeals from the judgment and from an order denying its motion for a new trial.

1. The property claimed by plaintiffs is known as the Harkness claim. The defendant was in possession of ground lying to the north of the Harkness claim. Certain ground had been worked by the defendant, and the dispute between the parties was whether this ground lay north or south of the northerly boundary line of the Harkness claim. The contention of the plaintiffs was that their northerly boundary line ran north of the ground worked by the defendant, and that this ground was therefore included within their claim. The plaintiffs, after showing that one Whitney was superintendent of defendant’s mine, were allowed to show, over proper objection by the defendant, that Whitney had made statements and admissions tending to support plaintiffs’ contention as to the location of the boundary line. This was error. There was no showing of the extent of Whitney’s authority beyond the fact that he was in charge of the defendant’s property. An agent cannot bind his principal by declarations against the principal’s interest, unless the making of such declarations is within the scope of the agent’s authority. As superintendent in charge of a mine, Whitney had no authority to make any statements regarding the extent of the ground claimed or owned by his

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principal, and any such, statements, if made by him, were not binding upon the appellant.

(Walrath

v.

Champion Mining Co.,