Stone v. Bumpus

Citations

• 46 Cal. 218
• 1873 Cal. LEXIS 162

Syllabus

<p>Working Mining Claim.—It is not the province of a Court to question the judgment of the owner of a mining claim as to the manner in which he shall work the claim, so that the working does not interfere with prior rights acquired by others.</p> <p>Right of Oldest Locator in Working Mining Claims.- — The owner of a mining claim comprising the bed of a canon may erect dams across the bed of the canon for the purpose of enabling him to work the same, even if thereby mining claims on the banks of the cañón belonging to others are flooded, provided the claim in the bed of the cañón is the oldest location, and in such case the injury sustained by the owner of the bank claim is damnum absque injuria.</p> <p>Idem.-—In such case a declaration of the owner of the cañón claim, before building the dam, that he will put in a dam that will flood the claim on the bank of the cañón, is consistent with the utility or necessity of the dam in working the canon.</p>