St. Louis Mining & Milling Co. v. Montana Mining Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This was a suit brought by the appellee (hereinafter called the Montana Company) agginst the appellants (hereinafter called the St. Louis Company) in the Circuit' Court of the United States for the District of Montana, for ah injunction restraining the further prosecution of a tunnel.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This was a suit brought by the appellee (hereinafter called the Montana Company) agginst the appellants (hereinafter called the St. Louis Company) in the Circuit' Court of the United States for the District of Montana, for ah injunction restraining the further prosecution of a tunnel. The facts were agreed upon, and are substantially that the Montana Company Was the owner and in ¡possession of the Nine Hour lode mining claim -under a patent from the United States on a location made: under the mining acts of 1872' and acts…
1Opinion of the Court
Me. Justice Brewer,
after making the foregoing statement, . delivered the opinion of the court.
The situation and the question can be easily presented to the mind by considering the significant lines as lines of a right-angled triangle; thé yein descending on its dip being the hypothenuse,; the tunnel the base line, and the boundary between the ■ two .claims the side line of the triangle. The St. Louis Company, being the owner of the vein, may pursue and appropriate that vein on its course downward, although it extends, outside the vertical side lines of its claim and beneath the' surface of…
2Cases cited2 opinions
- Calhoun Gold Mining Co. v. Ajaz Gold Mining Co.Supreme Court of the United States · 1901
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
3Cited by16 opinions
- Creede & Cripple Creek Mining & Milling Co. v. Uinta Tunnel Mining & Transportation Co.Supreme Court of the United States · 1905
- Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1904
- Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
- Arizona Commercial Mining Co. v. Iron Cap Copper Co.Arizona Supreme Court · 1925
- Silver Surprize, Inc. v. Sunshine Mining Co.Court of Appeals of Washington · 1976
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