The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Volume 11Callaghan, 1887 - Mining law |
From inside the book
Results 1-5 of 84
Page 2
... the foregoing decisions . The facts in the two last cases show them to be fairly within the excep- tion above stated . In the other two cases the corporation was held liable , but upon an entirely different principle ; 2 NEGLIGENCE .
... the foregoing decisions . The facts in the two last cases show them to be fairly within the excep- tion above stated . In the other two cases the corporation was held liable , but upon an entirely different principle ; 2 NEGLIGENCE .
Page 3
... tion then proceeds to set out the cause of action in the follow- ing words : " That defendant and his superintendent knew that it was the custom of miners in said mine and had been the custom from the time said mine was opened , when ...
... tion then proceeds to set out the cause of action in the follow- ing words : " That defendant and his superintendent knew that it was the custom of miners in said mine and had been the custom from the time said mine was opened , when ...
Page 13
... tion of notice , nor that the implication arises from the single fact of possession , independent of any other fact in the case . If this be true , the presumption is not a conclusive FAIR V. STEVENOT . 13 Jackson, 361 Stopherd, 605 Van ...
... tion of notice , nor that the implication arises from the single fact of possession , independent of any other fact in the case . If this be true , the presumption is not a conclusive FAIR V. STEVENOT . 13 Jackson, 361 Stopherd, 605 Van ...
Page 17
... tion of the road , Allen , under a verbal lease made in 1873 or 1874 , proceeded , under the direction of Gerritt , to take the clay therefrom . The clay had already been taken from a por- tion of the land when the plaintiffs received ...
... tion of the road , Allen , under a verbal lease made in 1873 or 1874 , proceeded , under the direction of Gerritt , to take the clay therefrom . The clay had already been taken from a por- tion of the land when the plaintiffs received ...
Page 21
... tion of the plaintiffs below erected a dam for the purpose of turning the water into a mill - race , and conducting the water to a mill occupied by them . The respondent and others , min- ing upon the ravine , complained of the erection ...
... tion of the plaintiffs below erected a dam for the purpose of turning the water into a mill - race , and conducting the water to a mill occupied by them . The respondent and others , min- ing upon the ravine , complained of the erection ...
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Common terms and phrases
action adverse possession agreed agreement alleged amount answer appears assigned Assumpsit authority avers barrels bill coal Coleman colliery complainant concern contract conveyance copartners Cornwall Furnace Court of Chancery court of equity damages debts declared decree deed defendant defendant's delivered dissolution ditch entitled erected error evidence fact farm fee simple filed firm grant ground Grubb held hills injunction injury interest iron issue John Nash judgment jury land lease Lebanon county liable lode Lord Maute ment mineral mining claim Mining Company notice nuisance opinion owners paid parties partner patent payment persons plaint plaintiff plaintiffs in error possession premises profits purchase purpose question refused res adjudicata respect respondents rule share shareholders Slemmer Smith sold statute stream suit Supreme Court tenants in common thereof tion tract trade trial undivided verdict William Crawshay
Popular passages
Page 616 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 516 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing (3 RS 6 ed.
Page 64 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Page 649 - The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer.
Page 54 - I think, my lords, that, in a case of that description, the submission which is required from persons living in society to that amount of discomfort which may be necessary for the legitimate and free exercise of the trade of their neighbors would not apply to circumstances the immediate result of which is sensible injury to the value of the property.
Page 54 - ... the public at large. If a man lives in a street where there are numerous shops, and a shop is opened next door to him, which is carried on in a fair and reasonable way, he has no ground for complaint, because to himself individually there may arise much discomfort from the trade carried on in that shop.
Page 688 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 694 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 617 - Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse claim; but nothing in this Act shall be deemed to impair any lien which may have attached in any way whatever prior to the issuance of a patent.
Page 666 - In testimony whereof, I have caused these letters to be made patent, and the seal of the Department of the Interior of the United States to be hereunto affixed.