Butte & Boston Consolidated Mining Co. v. Montana Ore Purchasing Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by the Butte & Boston Consolidated Mining Company against the Montana Ore Purchasing Company to enjoin the maintenance of a tramway. From an order dissolving a temporary restraining order, and refusing an injunction pendente lite, plaintiff appeals.
1Opinion of the CourtPigott, J.
— This appeal is from an order made April 6, 1898, dissolving a temporary restraining order theretofore granted on the application of the plaintiff, and refusing the plaintiff an injunction pendente lite against the maintenance by the defendant of a tramway.
1. Plaintiff and defendant are owners in common of the Snohomish lode mining claim. Defendant has constructed a tramway over a portion of the claim, and uses it for the purpose of conveying ores from the Rarus mine to a bin built by defendant on the common property. The Rarus mine is owned by the defendant, as are also the tramway and ore…
2Cases cited6 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Stow v. WyseSupreme Court of Connecticut · 1828
- Great Falls Water Works Co. v. Great Northern Railway Co.Montana Supreme Court · 1898
- Connole v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
- Kipp v. CoenenSupreme Court of Iowa · 1880
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3Cited by6 opinions
- Rea Bros. Sheep Co. v. RudiMontana Supreme Court · 1912
- Atkinson v. Roosevelt CountyMontana Supreme Court · 1923
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
- Spelman v. Gold Coin Mining & Milling Co.Montana Supreme Court · 1901
- Parsons v. MussigbrodMontana Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.