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Report of a case tried at Albert circuit, 1852, before his Honor, Judge Wilmot, and a special jury [microform] : Abraham Gesner vs. William Cairns : copied from the judge's notes

by: Gesner, Abraham, 1797-1864; Cairns, William

Publication date: 1853

Topics: Trials, Mining leases, Procès, Concessions minières, Trespass, Trespass

Publisher: [Saint John, N.B.? : s.n.]

Collection: university_of_alberta_libraries_microfilm; university_of_alberta_libraries; toronto; microfilm; additional_collections

Contributor: Canadiana.org

Language: English

A suit of trespass brought against William Cairns by Abraham Gesner. Both men had certain mining rights to a deposit of bitumen (albertite) in Albert County, N.B. The case appeared to hinge on whether the deposit was coal and so covered by Cairns' lease. The judge instructed the jury that Cairns' lease included the clause "and other minerals" and that the material in question was certainly a mineral. The jury found in favor of Cairns opining the material was coal--Cf. Dictionary of Canadian biography, v. IX, "Gesner, Abraham"

Filmed from a copy of the original publication held by the Library of the Public Archives of Canada

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