Correa v. Frietas

Citations

• 42 Cal. 339

Syllabus

<p>Mining Law-^-Extension of Plume on One’s own Claim not a Nuisance.—Where defendants owned and possessed a hydraulic claim on Dutch Ravine, into which their flume emptied, and plaintiff, being the owner of a claim below, dug a ditch, commencing on defendants’ claim but below their flume, for the purpose of appropriating the water discharged therefrom, and thereupon defendants’ extended their flume further down on their own claim but so as to prevent such appropriation by plaintiff: held, that defendants’ had a right to such extension, though there might be a question as to whether it served any useful purpose or not, and that it could not be abated by plaintiff as a nuisance.</p> <p>Extent of Right of Possessor of Mining Claim. — The owner and possessor of a mining claim on public land has a right to prevent any subsequent comer from erecting or constructing any superstructure, cut, or ditch on his claim, unless the right to construct the same is given by some mining custom or regulation.</p> <p>Character of Possession of Mining Claims. — The character of the possession necessary to work mining claims will vary with the nature of the mines, the mode adopted in working them, and, perhaps, with the char- „ acter of the country.</p> <p>Presumption as to TJse of Entire Mining Claim.—If parties are allowed by mining regulations to include within their claim land outside of that which they expect to work, it will be presumed, in the absence of proof to the contrary, that it is for the convenience of working the claims, and that its possession is necessary.</p> <p>Right oe Owner to Evert Portion oe Mining Claim.—Evidence that a portion of a mining claim is not valuable for mining purposes is not admissible, on general principles, to prove that the owner of the claim has no right to hold such portion.</p>