Cavanaugh v. Corbin Copper Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by M. J. Cavanaugh against the Corbin Copper Company, a corporation, and others. From a judgment for plaintiff, and an order denying its motion for a new trial, the Copper Company appeals. To reach the minerals beneath the surface a miner must pass from the surface downward; otherwise, he cannot reach or work the mines beneath.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by M. J. Cavanaugh against the Corbin Copper Company, a corporation, and others. From a judgment for plaintiff, and an order denying its motion for a new trial, the Copper Company appeals. To reach the minerals beneath the surface a miner must pass from the surface downward; otherwise, he cannot reach or work the mines beneath. This1 necessity gives the owner of the minerals rights reasonably requisite. He is not liable for any incidental damage necessarily occasioned by the ordinary and careful operation of his…
1Opinion of the CourtJustice Holloway
The Lawlor and Kemper addition to Butte comprises the surface ground of the Gambrinus Quartz Lode mining claim which was platted and sold generally for residence purposes. About 1905 plaintiff purchased lot 20, block 2, with a dwelling on it, and ever since has occupied the premises as a residence for himself and family. The defendant Corbin Copper Company became the owner of lots 10, 11, 12 and 18 in the same block, and in 1913 commenced sinking a shaft on lot 18, about fifty feet from plaintiff’s residence, and continued the work for a year or more. In furtherance of its purpose the company…
2Cases cited8 opinions
- Judson v. L.A. Suburban Gas Co.California Supreme Court · 1910
- People v. Detroit White Lead Works Corp.Michigan Supreme Court · 1890
- Shepard v. City of SeattleWashington Supreme Court · 1910
- Townsend v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1906
- Appeal of the Pennsylvania Lead Co.Supreme Court of Pennsylvania · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Purcell v. DavisMontana Supreme Court · 1935
- Ingle v. City of FultonMissouri Court of Appeals · 1954
- Francis v. Sun Oil CompanyMontana Supreme Court · 1959
- Markarites v. Chicago, Milwaukee & St. P. Ry. Co.Montana Supreme Court · 1921