Pennsylvania Consol. Min. Co. v. Grass Valley Exploration Co.

Citations

• 117 F. 509
• 1902 U.S. App. LEXIS 5114

Syllabus

<p>1. Mines and Mining—Lode Claims—Extralateral Rights.</p> <p>Evidence considered, and helé to establish the existence of a vein or lode apexing within the surface boundaries of a mining claim, and having continuity lengthwise of the claim to the extent and in the direction necessary to carry extralateral rights therein between the extended end line planes of the claim, and also to show the continuity and persistence of such vein, in its dip or downward course, extending to the lowest point to which the workings had been carried.</p> <p>2. Same—Continuity op Vein in Its Dip—“ Complications. ”</p> <p>In a lode or vein having its apex in the surface of a mining claim and a westward dip, after it was followed down several hundred feet, and beyond the side line planes of the claim, through which distance it was a comparatively simple fissure vein, there occurred at some points what were technically termed “complications.” The fissure would flatten and pinch out, but before reaching that point there would fall from it a series of small mineralized fissures having an eastward dip, and connecting, at a depth downward of six or eight feet, with another underlapping west dip fissure. This latter pinched out in a short distance on its upward course, but on its downward course it strengthened, and became again a strong ore-bearing vein. Wherever these complications occurred, the miners, in the practical working of the mine, dropped to the underlapping fissure, and followed it as the continuation of the main vein in its downward course. The east dip fissures did not appear to cut across either of those having a west dip, but, merely connected them. At other points both north and south of the places where these complications occurred the vein was continuous and unbroken down to the lowest level of the workings. Held, that such complications did not break the continuity of the vein, the overlapping and underlapping fissures being portions of the same vein, and that the owner of