| Show RECENT MINING DECISIONS prepared for the he mining review payment of accrued royalties under a contract allowing decedent to mine minerals and requiring him to pay a specified royalty annually whether minerals were taken or not his heirs could not enforce the contract without tendering payment of accrued royalties where he abandoned operations for several years payne v neuval supreme court of california 99 pacific separate assessment of mining property pol code section subdivision 2 el 2 providing that the term real estate as used in connection with taxation includes all mines minerals etc in and under the land all timber belonging to individuals or corporations growing or being on the lands of the united states and all rights and privileges appertain appertaining ng thereto and authorizes the separate assessment of such property when held separately from the ownership of the other parts of the land Grac graciosa losa oil co v santa barbara county supreme court of california 99 pacific mining part partnership n e rs h i p complainants and other persons who subsequently became the grantors granfors gran tors of defendant corporation formed a mining partnership for the purpose of prospecting and locating mining claims in a vicinity where one of the number had previously discovered a piece of gold bearing quartz the members made two expeditions to the vicinity and there located a number of claims and did some work thereon while going coln on the last expedition at a place A where they stopped several miles from their claims one of the number was given a piece of rocki rock picked up as float and was told where it was found which in formati was imparted to all the rock was with other samples and no attention TO paid to it until after the expedition wi wh the person to whom it had been given h it assayed and finding it to contain m eral in paying quantities he and two ot oth of the partners went to the place wh it had been found and after prospecting the hicl vicinity anity located a number of clai which they afterward conveyed to defel ant corporation held that the pur purpose post e the partnership was accomplished at t end of the second expedition that since mineral bearing rock in place was found the partners during that time in the cikity where defendants claims were suh sub located there was no descove which brought such claims within the sc of the partnership or entitled the oth members to any interest therein when il i claims were subsequently discovered E f located by defendants grantors granfors gran tors megall magai v oregon king mining co U S cilc court federal 86 rick not assumed by miner becede was waa killed while working in the of 0 mine by the fall of a portion n of the han ha ing wall he had never worked in ti before having been taken by U night foreman to the top of a muck pile i an t directed to shovel down the muck into chute as fast as the trammer required he was given no warning nor intimated tid that the walls were not safe or that th i customary precautions after the drawing t the muck had not been taken and a litti lit later was found covered with rock at abot ab the place where he was set to work ht was waa furnished with only one candle to ligi li the long narrow dark chamber and th cracks and crevices in the wall were ot scared by accumulated dirt held tha t decedent did not assume the risk of si suet injury as a matter of law western inal 1 co v mcfarland TJ S circuit court d appeals federal 76 |
