Wall v. United States Mining Co.
District Court, D. Utah
At Law. Action by Enos A. Wall and another against the United States Mining Company.
1Opinion of the Court
MARSHALL, District Judge.
The plaintiff Wall, as lessee, and the plaintiff Fox, as the owner of the fee, of the Red Rover mining claim, instituted this action against the defendant to recover for a trespass on the ore body lying, beneath the surface of said mining claim. The defendant justified its entry on the ground that the ore body in dispute is in a vein apexing in the Roman Empire, the Montana, and the Columbia Mining claims, owned by it, and that this vein, on its dip, passes beneath the surface of the .plaintiff’s claim and between parallel planes drawn through the end lines of the…
2Cases cited20 opinions
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- People v. MilnerCalifornia Supreme Court · 1898
- Washburn v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Tully v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1883
- Seattle & Montana Railroad v. RoederWashington Supreme Court · 1902
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3Cited by4 opinions
- Independent Stock Farm v. StevensNebraska Supreme Court · 1935
- Carter v. ParsonsNebraska Supreme Court · 1939
- Anaconda Copper Min. Co. v. Pilot Butte Min. Co.Montana Supreme Court · 1915
- G. F. Heublein, Inc. v. Second National BankSupreme Court of Connecticut · 1932