§ 74-32. Liability for damage for trespass.
Article4.
Adjustment of ConflictingClaims.
§ 74‑32. Liability fordamage for trespass.
If any owner or person inpossession of any mine or mining claim shall enter upon, either on the surfaceor underground, any mine or mining claim, the property of another, and shallmine or carry away any valuable mineral therefrom, he shall be liable to theowner of the mine so trespassed upon for double the value of all such mineralmined or carried away and for all other damages; and the value of the mineralmined or carried away shall be presumed to be the amount of the gross valueascertained by an average assay of the excavated material or vein or ledge fromwhich it was taken. If such trespass is wrongfully and willfully made, punitivedamages may be allowed. (1913, c. 51, s. 1; C.S., s. 6927.)