Oregon Mesabi Corp. v. C. D. Johnson Lumber Corp.

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:

Incidentally this is an outstanding case for a view of the terrain by the jury of the vicinage. Also an outstanding case of the wrong done by a diversity transfer of 200 miles to Portland, where the jurors probably know nothing of logging.

The petition for rehearing is denied.

STEPHENS, Circuit Judge, concurs in the denial.