Bliss v. Kingdom

Citations

• 46 Cal. 651

Syllabus

<p>Act of 1870 Concerning- Mining Claims.—The Act of 1870 providing for the condemnation of the right of way over or through a mining claim for ditches, tunnels, flumes, etc., necessary for the convenient working of another mining claim, is merely cumulative, and does not have the effect of excluding a party from the enforcement in Court of the right to construct such tunnels, ditches, flumes, etc., when that right exists independent of the statute, as by local customs.</p> <p>Enjoining Interference with Mining Eight. — If by the local customs the owner of one mining claim has a right to construct a tunnel through an adjoining claim, in order to enable him to work his own claim, a Court of equity may enjoin any interference with that right.</p>