Show RECENT MINING DECISIONS prepared for the mining review sinking rev codes see sec requires the use of steel cages equipped w th doors in mine shafts over feet deep provided provid ed that when such cage is used for sinking only it need not be equipped with such doors held that the term sink ng was not technical but meant to descend to go down to excavate downward without substantial deviation from a straight line extending from the point of begian ng toward the center of the earth and hence didiot did not include the cuttin cutting of stations so as to relieve the operators from providing doors to the cages during such operations v boston montana consol copper silver mining company supreme court of montana pacific min ng cage rev codes S sec ec requires the use of iron bonneted safety cages with doors in shafts over feet deep except gnat the doors need not be used when the cage is used for sinking only plaintiff was injured by reason of the absence of the doors while stations were being cut and defendant cla med that the doors were removed at plaintiffs request the doors were removed in ju july y after which considerable sinking was done and between the time of such removal and the date of the accident plaintiff had left defendants service and had later returned at the foremans request the foreman admitted that he saw the necessity of doors before plaint plaintiff ft ff was hurt held that plaintiffs request that the doors be removed if made was no reason why they should shoud not have been replaced prior to the accident v boston montana consol copper silver mining co supreme court of montana pacific development under rev st U S see sec 2324 U S comp st 1901 p 1426 providing that where mining claims are held in common the necessary expenditure may be made upon any one of the cla ca ms the work must have been done in good faith for the benefit of all claims and have been such as to have a tendency to develop or benefit the claims other than the one on which the work is done and the assessment work may be done upon one of a group of caime owned in common even though the claims are not all adjoining big three min mill co v ham alton supreme court of california pacific placer mines under rev st sees 2322 2324 U S comp st 1901 pp ap 1425 1426 providing that locators of all mines on the public domain so long as they comply with the laws of the united states and with state and local regulations not in conflict therewith shall have the exclusive right of possession etc and that miners of each mining district may make regulations not in conflict with the laws of the united states or with the laws of the state etc the authority of the state to add to the general location re ments of the federal statutes with reference to the location of mining claims when such provisions do not conflict with federal laws is granted by inference saxton v perry supreme court of colorado pacific location notice A posted posted location no fee is not invalidated b by the fact that it is posted after midnight of the date it bears no fraud appearing and the notice being posted before the initiation of a conflicting claim neither is the not ce defective for failing to state the date of discovery the statement that on the date men tinned in the notice the locators located and claimed the lode to the extent described being a sufficient specification of the date of the ds discovery covery within rev st 1899 sec 2548 providing for the posting of a notice of location specifying the date of discovery bergquist v west virginia V wyoming copper co supreme court of wyoming pacific trespass on a trial for trespass 03 on unenclosed closed land in violation of pie pierces eels code sec 1640 ballingers Bal lingers ann codes st sec evidence held hed to support a finding that the land trespassed on was war a validly located mining claim to which the claimants had a possessory right state v supreme court of washington pacific vein IVein ll A vein to the miner is a body of ore quartz or m nera bearing substance lying within the crust of the earth bounded on each side by the country rock generally varying in width and extending in length across and through the country for greater and less d stances distances state v supreme court of washington pacific forfeiture of claim A forfeiture of a min mining ng claim does not occur by the mere failure to perform the assessment work for any particular year to complete the forfeiture there must have been a relocation of such ground before a resumption of work the right of the original location is terminated only by the he entry of a new one and resumption of work prior to the lawful inception of an intervening right prevents forfeiture snowy peak mining co v tamarack Ches chesapeake mining co supreme court of idaho pacific 60 |