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· 7/1/1859

Henshaw v. Clark & One Hundred & Three Chinamen

Citations

  • 14 Cal. 460

Syllabus

<p>Miners have no right to enter upon private land, and subject it to such uses as may be necessary to extract the precious metals which it contains.</p> <p>Where premises containing deposits of gold are held under a patent from the United States, an injunction lies to prevent miners from excavating ditches, digging up the soil, and flooding a portion of the premises, for the purpose of extracting the gold.</p> <p>Such injuries are calculated to destroy the entire value of the land for all useful purposes. They are irreparable.</p>

Judges: Field

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