The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-09-22
PARLEY'S PARK VS. ONTARIO
A Suit for Trespass and Damages
in $4,000.


month a suit was instituted in Il
District Court here by the Farley
Park Silver Mining Company again.
the Ontario Mining Oonpany, bot
Of Park City. The terms of the CON
plant are substantially as follows:
That the plaintiff has been a cor
porAtion for about two years past, OF
gained under the laws of the State G
New York; that the plaintiff is owne
and has been in possession of for abou
two years, except as hereafter stated
the Psrley's Park Mining Claim
situated in Uintah Mining District
Summit County, with a description o
the property as surveyed; that the
defendant owns certain claim called
the Ontario. which adioins the Par
ley's Park en- the southerly side and
the eastern end OF which abuts the
Parley's Park for about 100 feet; thai
mineral-bearing vein or valuable
lode has been heretofore discovered
in said Ontario claim, running east.
erly and passing into the Farley
Park at ths westerly portion thereof,
which abuts the said easterly end oil
said Ontario, snd that said vein OF
valuable lode has been largely de.
vsloped and worked in said Ontario
grounds by means of about six diff
terent levels in the mine, and by
slopes between the same on the dips
of the vein, which levels run from q
main working shaft in the Ontario,
easterly through the Ontario claim,
and, Is plaintiff states on information
and belief, through the end line
thereof Aforesaid, and into the Par
ley's Park ground for a distance of
about seventy-five feet; that the entry
was made on the plaintiffs premises
on or about the let day of April, 1879,
without and against the plaintiffs
consent, and the defendant then
took, and still holds, posses
sion of the premises ss are occu-
pied by its Levels and slopes, and
has mined and extracted thereirom
large quantities OF valuable ore there
found, belonging to the plaintiff,
about ZOO tons, and appro-
priated the same to its own use, to
the damage OF the plaintiff in the sum
Of $25, COO.
For a second cause in action and
for relief in equity. the plaintiff fur
.her alleges, latter a reiteration of the
facts above given): That the defend
AIT in taking the ores from the plain
life claim and converting them to it's
OWN use, has done go with intent to
1efraud the plaintiff OF the value
that the value of the ores so
extracted by the defendant from the
premises aforesaid are placed at
S25, 900; that the premises are valu-
able only for mining purposes, and |
hat ores therein contained, when |
,nce extracted, cannot be restored in
pecie, and that the waste heretofore
md now being committed on the part
# the defendant will deprive the es-
ate OF its value, and do it irrepsrable
injury by exhau,ting the ore bodies
md by leaving the property yalueless.
'laintIh further alleges that said
works which have entered the plain
if g claim have their opening to the
urface wholly within the said On
ario claim, and the plaintiff has no
.ccess to the same, and that in order
0 determine accurately the extent
nd nature OF the intrusion sud waste
# plaintiffs property, an examiua,
leu and surrey will 90 required
which can ouly be hA1 by an order OF
bis court.
Wherefore plaintiff pfays for an
rder of court permitting the plain
if to enter the Ontario works
nd take such facts as are
necessary to chow the extent
f the injury done; to enjoin the
laintiff from entering the Psrley's
ark property until the final hearing
t this cause; perpetual Injunction
tier the final besFing of this cause;
nat the plaintiff have Judgment in
be sum of S25, COO; for the poss ession
I ali the works in the Psrley's Park
Ting easterly of the said essterly line
the Ontario claim throughout the
nlire depth, and for costs and such
tber relief as equity and good con
1iencs may require.
Sutherland 4 Mcbride are attorneys
)r the plaintiff.