National Copper Co. v. Minnesota Mining Co.
Michigan Supreme Court
Error to Ontonagon. (Williams, J.) Trespass. Defendant brings error. In trespass the unlawful invasion is the injury and cause of action ; its consequences are merely elements of damage : Bainbridge on Mines (1st Am. ed.) §§ 574, 475; Yedder v. Yedder 1 Den. 257; 3 Suth. Dam. 403; Thompson v. Ellsworth 39 Mich. 724; Derry v. Flitner 118 Mass. 133 ; Welch v. Ware 32 Mich. 80 ; Allison v. Chandler 11 Mich. 542; Dickinson v. Boyle 17 Pick. 78; Cumberland dbc.
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Error to Ontonagon. (Williams, J.) Trespass. Defendant brings error. In trespass the unlawful invasion is the injury and cause of action ; its consequences are merely elements of damage : Bainbridge on Mines (1st Am. ed.) §§ 574, 475; Yedder v. Yedder 1 Den. 257; 3 Suth. Dam. 403; Thompson v. Ellsworth 39 Mich. 724; Derry v. Flitner 118 Mass. 133 ; Welch v. Ware 32 Mich. 80 ; Allison v. Chandler 11 Mich. 542; Dickinson v. Boyle 17 Pick. 78; Cumberland dbc. Co. v. Ilitchings 65 Me. 142; Clegg v. Dea/rden 12 Q. B. 576, distinguishing Holmes v. WÚson 10 A. & E. 503. and Thompson v. Giison 7 M. &…
1Opinion of the Court
Cooley, 0. J.
This is an action of trespass. The following is a statement of the case, as made for the plaintiff, for the argument in this Court:
“ The plaintiff and defendant are corporations, which for twenty-five years and more have been engaged in copper mining in Ontonagon county. Their mines adjoin each other. Each owns the land in fee on which its mine is situated. The plaintiff, in carrying on jt.s mining operations, left a wall of rock, from fifteen to eighteen feet thick, next to the boundary line of defendant’s mine. This was left as a barrier and protection to its mine against water…
2Cases cited12 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
- Union Trust Co. v. CuppySupreme Court of Kansas · 1882
- Blunt v. McCormickNew York Supreme Court · 1846
- Spilman v. Roanoke Navigation Co.Supreme Court of North Carolina · 1876
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3Cited by8 opinions
- in Re Bradley EstateMichigan Supreme Court · 2013
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- City of Lafayette v. NagleIndiana Supreme Court · 1888
- Empire Star Mines Co. v. ButlerCalifornia Court of Appeal · 1944
- Steele v. Rail & River Coal Co.Ohio Court of Appeals · 1927
3 more not listed; retrieve them via the Exa API.