Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-10-04
supReme COUNT DECISION.


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The seuthern Nevada Geld and silver
aiming Company,
Respondent,
Inc Holmes sasnias Company.
ApPsDlonss asa
~. U-=-s aaiss A4er
}. Q, resad,sell and oert sehIesinsss.l I
Hsspes,ssme & Be u
w. E.ip. Otaif and p. ~. oowler, A.
tornoyO vtoe ril s43a rTr
49,. Appsllant., = .,as Ia
This, is an action a. ejectment Tor
the recovery. Of the possession Of pl1in.
tifI's mine and damages for ore ex.
trscted Ii was tried BY the 1st judi.
cial District Court and = jury and . /
verdict rendered In favor Of platinum
for the possession Of the mine and for /
damages in the sum Of $4,000. A!
motion for a new trial was made AMI I
over.ruled and from the forder and /
Judgment an appeal has been taken. (
Il was conceded at the trial /;
that respondent was the owner Of the
Chief of the Hill claim, and appellant, i
the owner Of the 'Northern Belle, First |
Easterly Extension of the Northern /;
Belle, and General Thomas No, 3, and !
that each Of these claims Of appellant
was prior In location to that Of re
spondent. Although the action was In
etectment for PLAINTIFF mine, the real
controversy was whether respondent
or appellant was entitled to so much
Of the General Thomas No. 3 vein as
is within the Chief of the Hill location.
Respondent contended that the Gen
eral Thomas No. and its Chief Of
the Hill claim are upon the same
ledge. That the General Thomas No.
3 leuge crosses its easterly side line
and enters the Chief of the
Hill ground at its westerly
end line. and thence runs in
an easterly direction in the Chief Of
the Hill ground; that there are two
distinct lodges upon the surface. one
the Northern Belle, the other the Gen
eral Thomas No. 3; that the lodges are
divided by body of country rock Ut
varying width, but sufficient to indi-
cate separate assures; that in the un'
derground workings upon the eighth
level of the Northern Belle mine, prac-
tically the first level of the General
Thomas No. 3, owing to the slope OF
the hill, the mass of country rock sep
arated the lodges by about one hun
dred feet, and that the separation con
tinued downward to the eleventh level
from which the disputed ore was ia
ken The identity of the General Tho
mas No. with that of the Chief q
the Hill was shown in part by drift
through country rock from the Chic
of the Hill tunnel, from which q VIM
was smk sixty-five feet to slopes mad,
by appellant upon the eleventh level
within the ground of respondent, an;
was supplemented by expert testimon.
and that of practical miners to tn
effect that the lodges we're the same
with the reasons upon which the cor
clusiOn was based.
Appellant cOntended that the Holme
or Northern Belle ledge extende
through eac.l of its claims to-wit
Northern Belle, First Easterly ExteI
sion Of Northern Belle and the Geners
Thomas No. g.. that the ledge at tn
surface is several hundred feet
width, and that there is only one vel
in it's mining ground; that the countr
rock between the General Thomas NJ
3 and the Northern Belle is not
separation Of the veins, but an intr
sion within the walls of the lede
that there is no ore connection b
tween the General Thomas No. an
the Chief of the Hill; that the Iattl
is a separate vein, and either disa
pears or turns to it's noftheriy sii
line before reaching the General Tn
mas No. 8.
It is claimed that the evidence is I
sufficient to support the verdict tt
~n
terial points. There was substanti
could have adopted the theories of I
spondent or those Of appellant accol
ing to the view they may have TAX
of the testimony, and upon appe
this court could not properly distu
sufhciency of evidence. The Jury {
opted the views Of respondent. 1t "
sanctioned by the District Court
for this Court now to interfere up
the ground that the verdict is agail
the weight of evidence would be in
feet to abolish the institution of juri
Among the instructions given at
request of respondent is the followir
IS. The right of the owner of
mining location to follow a ledge
yond his side lines, is limited to
right to follow the ledge downa
that is, on its dip; and he has not
right to follow it laterally or along
strike. II, therefore. a ledge so be-
or curves in its course or strike
vertical planes drawn downward thro1
the end lines of that location will
clude portion of the dip Of the lie
which cannot be reached, from I
location, without following later
or along the strike, then the Owner
that location has not the right to
ter upon that portion of the ledge
to extract any ore therefrom."
IS. II the jury finds from the
dence that there is. within the Ii
of the General Thomas No. 3, the q
Of ledge which leaves that loca
by crossing its easterly side line
which enters the Chief Of the Hill
crossing its westerly end line,