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OREGON MESABI CORP. v. C. D. JOHNSON LUMBER CORP.

Nos. 11569, 11570.

166 F.2d 1003 (1948)

OREGON MESABI CORPORATION v. C. D. JOHNSON LUMBER CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

March 3, 1948.

Attorney(s) appearing for the Case

Laing, Gray & Smith, Henry S. Gray, and John R. Becker, all of Portland, Or., for appellant.

King & Wood, Robert S. Miller, and Edward E. Grant, all of Portland, Or., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

PER CURIAM.

Our opinion holds there was proved no description of the road from which the jury could determine the damages. When the exact situation of the now constructed road is shown, its interference with the logging of Mesabi's timber, which it bisects, may be shown to be a substantial sum. Of this our opinion states:

"Mesabi also well could show as one of the other elements of damage that the economic method of taking its timber would be to fall, buck...

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