Red Wing Gold Min. Co. v. Clays
Red Wing Gold Min. Co. v. Clays
Opinion of the Court
This is an appeal from a final judgment and decree entered in the district court of Salt Lake county in favor of the defendant against the plaintiff.
The complaint contains three causes of action: The first and second causes of action are for alleged trespasses com
The court, among other things, found: “(4) That the discovery of said Julia Dean lode claim is near the south end line of said claim and near the center thereof, and is on what is commonly known as the Julia Dean vein; that said Julia Dean vein is a large fissure vein, entering upon the Julia Dean claim upon its strike near the discovery aforesaid, and continues thence on a northerly course through the entire length of said Julia Dean claim to and through its northerly end line
As stated by counsel for appellant in their brief: “The principal point in the case hinges upon finding 4.” It is admitted that the Julia Dean vein passes upon its strike or course through the southerly end line of the Julia Dean claim, and runs thence northerly, with its apex wholly within the exterior limits or side lines of said claim, for a distance of about 400 feet, to a point near the westerly side line thereof, which point is marked and designated as “station 205.” The development work done north and northwesterly from this point on the mining claims mentioned is, not very extensive, and the apex of the Jtilia Dean vein is not so easily traced on its course northerly beyond station 205 as it is from the discovery monument to said station, and there is a sharp conflict in the evidence respecting the strike and location of the apex of the vein after it leaves station 205 on its northerly course. Appellant contends that at or near this station the vein on its course crosses the westerly side line of the Julia Dean claim and wholly departs therefrom, and continues on its strike into, along, and through the Columbia claim, owned by plaintiff, and with its apex entirely within the exterior
As hereinbefore stated, there is a conflict in the evidence on this point. The defendant, upon whom was the burden of proof to establish the location of the vein and its apex on its strike northerly beyond station 205, introduced evidence which tends to show tha,t the strike of the vein northerly from said station is parallel with the side lines of the «Julia Dean claim from station 205 to -the north end line thereof, with the apex of the vein within the exterior limits of said claim for the entire distance. While, on the other hand, plaintiff’s evidence tended to show that the Julia Dean vein on its strike wholly departs from the Julia Dean claim at or near station 205, and continues on its true course through and along the Columbia claim, with the apex of the vein wholly within said claim. The record is voluminous and contains about 1,800 pages of evidence, besides numerous exhibits consisting of photographs of the premises showing the contour of the ground and excavations made on the surface thereof, and maps showing the boundaries of the respective claims, as well as the extensive underground workings therein, which were introduced in evidence and made a part of the record. To reproduce the evidence here, even in an abridged and condensed form, we do not deem important under our view of the case.
After the evidence was all in, and before judgment was entered, the trial judge, at the request of counsel for both sides, visited and made a personal inspection of the premises and property mentioned. The trial court, having had the benefit thus derived from a personal examination of the property, and having had an opportunity to observe the demeanor and appearance of the witnesses who testified in the case, was bet
The judgment is affirmed, with costs.
Reference
- Full Case Name
- RED WING GOLD MIN. CO. v. CLAYS
- Cited By
- 1 case
- Status
- Published