Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-06-25
DECISION OF COURT ON MOTION
FOR NEW TRIAL.

SOS'Ss Ills Is oil dCJlOu
to determine the ownership of certain
ores extracted by the defendants, Muir
ply & Beyers. within the exterior
lines extended downward vertically of
the Table Mountain mining claim, and
for damages for the extraction and re-
mOval OF said ores and for an injunc-
ton to restrain them from further ex
tracing ores from what is claimed by
the plaintiff to be ledge, the apex of
which is within the exterior line of
the Canyon claim owned by the plain
tin.
The case was tried beginning the
18th day of July. 1902. before the
court sitting with jury, and verdict
was rendered in favor of the defend
ants in said action. and the plaintiff
thereafter moved for new trial on
the ground that the verdict was con
trary to the evidence and the law.
and upon the further ground that err
rors OF law We're made during the pro
gress of the trial
The question to be determined by
the court is as to whether new trial
should be granted or not in said act
ion.
Upon an investigation Of the assign
ed errors of law which are claimed
to have occurred in the progress Of
the trial the court is of the opinion
that no such errors were c, mmittod
as would entitle the plaintiff to a new
trial.
The sole question then to be deter
mined by the court is as to whether
the verdict of the jury in favor Of the
defendants was in accordance with the
evidence in the case
The evidence shows. without any
substantial conflict that the plaintiff
in this action on the 22d day of Jan
uary, 1902 and ever since said date,
was and has been the owner of and en-
titled to the possession of that certain
mining claim lying and being in
Devils Gate and Chinatown Mining
District Lyon County. State of New
ada, and known as and called the Can
yOn Mining Claim.
The evidence further shows without
a substantial conflict. that a lode or
vein exists in said Canyon Mining
Claim which extends from a point
about 300 feet north of the southery
end line of said claim. and extends
practically to the center Of said min
ing claim. northerly in it's course from
said point, about 1000 feet. and passes
through the north end line of the said
Canyon Mining Claim and that the
apex of said lode at the surface for
the distance of about p thousand feet
is within the exterior boundary lines
of said Canyon Mining Claim described
in the complaint.
The evidence further shows that the
Royal Mining Company at the time Of
the COmmenc 5ment of this action and
at the time of the trial thereof was the
owner Of the mining claim situate in
said Devils Gate and Chinatown Min
ing District in Lyon County. Nevada,
and known as the Table Mountain
Mining Claim. and the defendants
Murphy & Boyers were at the time OF
the comm encement of the action and
had been for some time prior thereto
operating under a lease on a portion
of the Table Mountain Mining Claim.
The evidence shows that the ere in
dispute was extracted by Murphy 4,
Beyers from a point within the eXter-
ior lines of the Table Mountain Mining
Claim extended downward vertically,
and being that portion of the claim
held by them under lease.
The evidence further shows that
sometime, within few years. prior to
the taking of the lease by Murphy <
Beyers from the Table Mountain Min
ing Company, they lad lease from
the plaintiff and his predecessors III
interest of the Canyon Mining Claim
and extracted ore from stOoe within
a few feet Of a point where the ore in
dispute was extracted The evidence
further shows without conflict that
communication in ore in place has
been made from the point where tn
ore in dispute was extracted and the
slopes worked by Murphy and Beyers
under the lease of the Canyon Mining
Claim.
The testimony further shows. with
out any conflict. that the ledge on the
Canyon claim can be traced u1on the
surface from the point where Il cross
es the side line of the Canyon ciairl
about 300 feet north of the southerly
endline of said claim through SAID min
ing claim nOrtherlv in its course from
said point about 1000 feet. where II
masses through the north endline CT
said mining claim.
The evidence shows. Without an!
conflict. the matter having been testl
fled to by practically all of the plain
Till Witnesses anu q SIea' hldh! - -
defendants witnesses that the ore
body from where it apexes on the sur
face of the Canyon Mining Claim can
be followed in drifts. tunnels and III
clines clear to the point where TIE Gre
in dispute was taken out. and that
three different routes can be followed
all in ore from the surface Of the Can
Won claim to the point where the ore
in dispute was taken out.
The evidence shows conclusively
the continuity of the vein in the Can
yon ground from the apex on the sur
face to the point where the ore was
extracted by the defendants Murphy
and Beyers.
This proposition was practically ad
mitted by the defendants and thei'