Show RECENT MINING DECISIONS prepared for the mining review placer location gives right to possess lon ion the plaintiffs made placer locations upon public lands while they were withdrawn from entry and gave the notices as required by law after the reopening of the land to entry the defendants grantor a railroad company obtained a patent to the land as lieu land under its land grant defendant making the non mineral affidavit which showed the land to be in fact mineral in character and that it was claimed under placer filings and after conveyance to him defendant sued the placer claimants for possession held that the possession of the plaintiffs as placer claimants at the time of the application of the defendant for a patent was sufficient to defeat defendants action for possession and that plaintiffs might enjoin defendants action loney vs scott supreme court of oregon pacific right to inspect mine where a lessee of a part of a vein of a mine sued the lessor for damages for a wrongful eviction the court though possessing power to make an order for an inspection of the mine by the lessee could not make an order tor for an inspection of the entire mine but the right of inspection could not be extended further than to the portion of the vein covered by the lease smuggler union co vs kent supreme court of colorado pacific lease of mine where in a suit by a lessee of a part of a mine afine for a wrongful eviction the issues were whether the lessor had after ouster extracted large bodies of ore whether valuable ore bodies were still lef left t in the mine and whether the lessee was rightfully ousted because he was guilty of a breach because of his methods were injurious to the mine the court though possessing power to make an order for an inspection of the minely mine by the lessee erred in imposing the condition that on the lessor refusing to permit an inspection he could not produce evidence of the con of the mine subsequent to the ouster unless the lessee first produced evidence on the subject but the order for an inspection if the court had power to make it should have been absolute smuggler union co vs kent supreme court of colorado pacific miners risk where an employed in a mine complained that the roof was dangerous and requested that props be furnished and the foreman inspected it in his presence presumably thoroughly as was his duty and assured him that it was safe but promised to furnish props the master assumed the risk of his continuing at work till props were furnished vs washington union coal co supreme court of 1 washington pacific location certificate where the location certificate of a mining claim in the vicinity of territory which a prospector desires to locate calls for a particular monument such as a shaft adit cut or a post set in the ground the prospector may look for and demand the particular monument specified and his rights are not jeopardized by proof of some other monument not designated igna ted duncan vs F eagle rock gold mining reduction co supreme court of colorado ill pacific |