Show RECENT MINING DECISIONS prepared for the mining review revie w repayment out of proceeds of ore where plaintiff and other officers of defendant corr corporation oration advanced money for the development of defendants mines under an agreement whereby the money was to be repaid only out of the net proceeds 0 or L the sale of ore and defendant received nothing from the sale of the ore a resolution adopted by threet three of its directors two of whom had also advanced money to it acknowledging the indebtedness and instructing ting the president and secretary to execute the corporations notes as evidence thereof was void and no recovery could be had on the notes gold glen mining milling tunneling co v stimson supreme court of colorado 98 pacific 77 comparative damage by discharge of tailings into stream A court of equity properly refused to grant a permanent in function ion which would necessitate the closing of mines and mills employing from to men and in which large capital was invested practically destroying the business of important towns and markets for the products of many farms be cause as shown by a preponderance of the evidence a comparatively small amount of damage was done by tailings discharged from the mills into a stream to farm lands below in times of overflow where by the laws of the state the mines were given arity of right to the use of the waters ot of the stream and the owners had done all i that calud reasonably be done to prevent in 1 jury to others by the construction of dams dam s and reservoirs for settling basins and es specially ally where actions at law commenced I 1 i by many of the complainants to recover damages for the che same acts of defendants were pending and undetermined mccarthy v bunker hill sullivan mining concentrating cent rating co circuit court of appeals T federal liability of superintendent the negligence of a minin mining r companas comp anys superintendent in charge of its mine in manta maintaining ining a shaft in a dangerous condition and permitting its use by a workman furnished by another company does not render him liable for injuries to the workman bythe by the sticking of the cage in its descent through the shaft if the injury would not have occurred but for the incompetency of the mining companas comp anys servant in charge of the engine operating the cage hagerty v montana ore purchasing co pa supreme court of montana 98 pacific c |