Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1916-08-22
STATEMENT OF THE CASE

This is an action brorgh by the ap"
pcllant. the Jim Butler Tonopah
Mining company. against the re-
~spondcnt, the West End ConNolidat-
ed Mining company, to dam
ages for ore extracted by the re-
spondent and situated vertically be-
meath the surface Of the Eureka and
Curtis lode mining claims owned by
restraining the defendant from COM
hitting further trespass.
The respondent owns the adjoining
West End lode mining claim. and as
serts the right to mine eXtralaterally
on the vein and ore bodies in dispute
by virtue of the ownership Of this
claim, which it contends embraces
the apex of the vein, so situated with
reference to the boundaries OF the
claim that it can avail itself OF the
extralaterai grant contained in the
federal mining statutes.
The court found, among other
facts, the following:
That there is a vein or lode OF
rock in place. which, at its top or
apex, and on its curse OF strike,
crosses the eastcrly end line Of said
West End mining claim 100 to lac
feet %northerly from the southeasterly
corner OF said mining claim. and
thence, at its top or apex, and on its
course or strike, continues westerly
in said mining claim between the
side lines thereof to a point on the
northerly side line of said claim
l,l42H feet westerly from the north
east corner Of said claim, at which
point the said vein, at its top OF apex
and on its course or strike. departs
from said mining claim, crossing said
nortllerly side line. That said vein
dips %southerly, and in it's downward
course so far departs from the per.
pendicular as to pass beyond the
southerly side line of said West End
mining claim, extending downward
vertically, and thence into and be.
meath the surface of the said Eureka
lode mining claim and the said Cur
tbs lode mining claim of the plaintiff
company.
The said vein does not on its up.
ward course, or at its top or apex
outcrop or reach the present surface
out is covered or buried to a consid.
cradle depth by lava, locally known
as and called Midway" andesite
which, after the formation of the
vein, flowed over the then surface o
the territory in which the vein *
lists; that at and for a distance Of 800
feet westerly from where said vein
OF lode crosses the easterly end line
OF said West End claim which cross
ing is at a distance of l35 feet north
erly from the southeast corner O
said West End claim, there is {
juncturc or union between two limbs
or sides Of said vein, and from the
summit Of said juncture or union the
downward course of II limb or side
thereof is in a northerly direction,
and the downward course OF the 9th
er limb or side thereof is in a south
tinuation upward from the summit
VI Sdlp JuiiNttiS VI aiiol VI ooib
northerly and southerly dipping
limbs or sides of said vein, of ore
and si~lver-bearing quartz or rock in
place for a distance from twenty or
thirty to more than 100 feet. and tC
what was the surface before the
same was buried beneath the said
lava flow; that such ore and silver
bearing quartz were deposited where
the same are now found at the same
time and during the same period that
the main vein below was created,
and from mineral-bearing solutions
having the same source; that the dip
is fairly conformablc and strike or
course Of such upward continuation
of ore and silver-bearing quartz is
conformable to the dip and strike or
curse Of said MISUNDERSTANDING limb
or side OF said vein from the SUNNI
Of said ju%ncturc downward, and the
Court finds that said upward contin-
uation is a part OF said vein or lode;
that thence westerly, and for a dis
lance of 800 feet, the northerly and
southerly dipping limbs, sides, or
stones OF said vein do not unite or
form a union OF juycture in their up
ward course, but for that distance
each of said limbs or sides has a sep
arate and Independent top or apex;
that thence westerly, for a distance
of 40 feet. the n~ortherly and souther-
ly dipping limbs. sides. or slopes OF
said vein are again found in con-
junction, as in the said most easterly
800 feet; that thence westerly, and
until said northerly and southerly
dipping limbs, sides. or slopes of said
vein intersects with and cross said
northerly side line OF said mining
union or ju%ncture in their upward
course hut for that distance each Of |