Madigan v. Kougarok Mining Co.
District Court, D. Alaska
This is a suit in equity wherein the plaintiffs demand: Damages for the unlawful diversion of all the waters of Quartz creek, a tributary of the Kougarok river, in the Kougarok mining district, Alaska, from their natural channel of flow through and over mining claims Nos. 11 and 12 above Dahl’s discovery on said creek; equitable relief (a) by an order of court decreeing that plaintiffs are entitled to have all of the waters of Quartz creek flow in their natural channel over…
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This is a suit in equity wherein the plaintiffs demand: Damages for the unlawful diversion of all the waters of Quartz creek, a tributary of the Kougarok river, in the Kougarok mining district, Alaska, from their natural channel of flow through and over mining claims Nos. 11 and 12 above Dahl’s discovery on said creek; equitable relief (a) by an order of court decreeing that plaintiffs are entitled to have all of the waters of Quartz creek flow in their natural channel over and across said placer mining claims, and (b) an order enjoining and restraining the defendants, their agents, servants,…
1Opinion of the Court
MOORE, District Judge.
It is fully established by the evidence that the plaintiffs have been in possession of the mining claims described in their complaint, namely, placer claims Nos. 11 and 12 on Quartz creek, by virtue of valid original locations thereof, and that their rights to said claims still. continued and subsisted at the date of the trial. It was not disputed at the trial that the natural channel of said Quartz - creek lies within the exterior boundaries of the said claims,. and that during the mining season of each and every year, beginning with 1900 and ending with 1904, the…
2Cases cited6 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Stark v. StarrsSupreme Court of the United States · 1868
- Sturr v. BeckSupreme Court of the United States · 1890
- Shook v. ColohanOregon Supreme Court · 1885
- Schwab v. BeamU.S. Circuit Court for the District of Colorado · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Anderson v. CampbellDistrict Court, D. Alaska · 1913
- Miocene Ditch Co. v. Campion Mining & Trading Co.District Court, D. Alaska · 1908