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 83
Page 9
... owner of a dam is bound to so control it as not to injure his neigh- bors , and the want of caution on the part of the injured person is no defense to an action for such injuries : Fraler v . Sears W. Co. , 12 M. R. 4. The mere fact ...
... owner of a dam is bound to so control it as not to injure his neigh- bors , and the want of caution on the part of the injured person is no defense to an action for such injuries : Fraler v . Sears W. Co. , 12 M. R. 4. The mere fact ...
Page 10
... owners to contractors : Sam- uelson v . Cleveland Co. , 43 Am . R. 456 ; 49 Mich . 164 . 21. Estoppel by contract against enjoining nuisance : Kennerty v . Eti- wan Phosphate Co. , 17 S. C. 411 ; 43 A. R. 607 . 22. Lessor not ...
... owners to contractors : Sam- uelson v . Cleveland Co. , 43 Am . R. 456 ; 49 Mich . 164 . 21. Estoppel by contract against enjoining nuisance : Kennerty v . Eti- wan Phosphate Co. , 17 S. C. 411 ; 43 A. R. 607 . 22. Lessor not ...
Page 17
... owners , Gerritt , for the purpose of squaring the lines , con- veyed to Griffith the lots in dispute , which were in part the land which reverted to Gerritt out of the Buck road . In 1854 Gerritt had leased to Allen a tract of land ...
... owners , Gerritt , for the purpose of squaring the lines , con- veyed to Griffith the lots in dispute , which were in part the land which reverted to Gerritt out of the Buck road . In 1854 Gerritt had leased to Allen a tract of land ...
Page 28
... owners of the plaintiff's farm have used the water running in and from the ditch for the watering of cattle as well as for the irrigation of the meadows . Evidence was offered and admitted to show that the water was rendered so impure ...
... owners of the plaintiff's farm have used the water running in and from the ditch for the watering of cattle as well as for the irrigation of the meadows . Evidence was offered and admitted to show that the water was rendered so impure ...
Page 33
... owners of the soil ) constract or continue what would otherwise be an actionable nuisance , provided that , at the commencement of it , no person was in a condition to be injured by it ; or , in other words , that mere priority as ...
... owners of the soil ) constract or continue what would otherwise be an actionable nuisance , provided that , at the commencement of it , no person was in a condition to be injured by it ; or , in other words , that mere priority as ...
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Common terms and phrases
according action agent agreed agreement alleged amount answer appears applied assigned authority bank bill called carried cause charge claim coal common complainant concern considered continue contract court damages debts decree deed defendant delivered directed ditch effect entered entitled equity error evidence executed existence fact firm further give given grant ground held hills hold injury interest iron John judge judgment jury land lease liable Lord mineral mining nature necessary notice nuisance objection obtained opinion owners paid parties partner partnership payment persons plaintiff possession premises present principle profits proved purchase question reason received reference refused relation respect rule share Smith sold stream suit taken tenants in common tion trade trial whole
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.