This section contains the nature of the case and procedural background.

Maye (P) and Tappan (D) owned adjoining mining claims. Neither willfully nor intentionally, but in ignorance of the dividing line, D worked a part of the mining land owned by P. P objected to all evidence showing that D was ignorant. The Court overruled the objection and allowed several Ds to testify to those facts. The jury found for P. P received damages of $50, but was not entitled to vindictive or exemplary damages. P appealed, claiming that he was due more damages and from an order refusing a new trial.

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