Fuhr v. Dean
Supreme Court of Missouri
Appeal from Washington Circuit Cowrt. Plaintiff, Frederick Fuhr, set forth in his petition that on the 23d of January, 1854, and for a long time, say two years, prior to that day, he was “ legally in possession, for the purpose of mining of lead ore, of a lot of ground in the Gum Diggings,’ in Washington county, about one mile and a half north-west from Potosi, containing one acre, more or less, and set apart from the adjoining ground by stakes,” &c.; and, for the purpose of…
Read the full summary
Appeal from Washington Circuit Cowrt. Plaintiff, Frederick Fuhr, set forth in his petition that on the 23d of January, 1854, and for a long time, say two years, prior to that day, he was “ legally in possession, for the purpose of mining of lead ore, of a lot of ground in the Gum Diggings,’ in Washington county, about one mile and a half north-west from Potosi, containing one acre, more or less, and set apart from the adjoining ground by stakes,” &c.; and, for the purpose of exploring said ground and raising lead ore therefrom, he had at great expense of time and money sunk a shaft upon said…
1Opinion of the CourtRichardson, Judge
*119
The first instruction given by the court was erroneous, for it assumes that a custom had been proven regulating the rights of miners, but the bill of exceptions is silent except as to the usage of a particular mine. The practice of a few persons in a business in which many are engaged will not establish a custom which all persons who are engaged in the same pursuit are presumed to know and recognize. A custom which would confer a right so important as that asserted in the instruction — being no less than the right of one person to occupy fo.r the purpose of mining the land of another as long…
2Cases cited1 opinion
- Mumford v. WhitneyNew York Supreme Court · 1836
3Cited by34 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
- Sanford v. KernSupreme Court of Missouri · 1909
- Thomas v. BabbSupreme Court of Missouri · 1870
29 more not listed; retrieve them via the Exa API.