THE

MINING REPORTS..

A SERIES CONTAINING THE CASES ON THE

LAW OF MINES

FOUND IN THE AMERICAN AND ENGLISH REPORTS, ARRANGED
ALPHABETICALLY BY SUBJECTS,

WITH NOTES AND REFERENCES.

BY R. S. MORRISON,

OF THE COLORADO BAB.

VOL. I.

CHICAGO:

CALLAGHAN & COMPANY.

1883.

Entered according to Act of Congress, in the year 1883,

BY CALLAGHAN & COMPANY,

In the Office of the Librarian of Congress, at Washington, D. C.

STEREOTYPED AND PRINTED

BY THE

CHICAGO LEGAL NEWS COMPANY.

PREFACE.

At the first instead of at the last of this preface I desire to acknowledge the faithful and intelligent aid or rather co-operation of Luke Palmer, Esq., of this place, in the selection of the cases printed in this series, and the preparation of the same for publication; to recognize the kindness of those publishers and reporters who have freely allowed the use of their volumes, and to express my thanks for the courtesies received from the Chicago Law Library and the Symes Library, Den

ver.

This and the ensuing volumes of the set are intended to present not merely the leading, but the bulk or mass of the cases of importance, and not of mere local interest, bearing on the subject-matter of mines or mining, decided in the appellate courts of the several States and in the Federal courts. Also the leading irrigation cases and a large portion of the English mining decisions. Cases reported in wisi prius or inferior State courts have been in general rejected, as have been most decisions by divided benches.

The majority of the American decisions obviously come from the Pacific slope and those States of the East which contain the most noted mineral deposits, especially Pennsylvania, Michigan, Illinois, Wisconsin, North Carolina and Georgia; but the series contains cases from every State in the Union. where a mining case could be found, from the mining Territories, and often from reports and magazines totally inaccessible except in the largest public libraries.

Salines and oil wells are included as strictly mining matters. The entire opinion is given in every instance with statement of facts as full as that contained in the original report; in no

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instance has any portion of the opinion been omitted, so that the points of practice and other points not essential to the case as a mining case, are printed, and the substance indicated in the head notes as completely as in the original volumes, and as fully as the mining points involved. In general the head notes have been revised upon a plan as nearly uniform as the variety in the style of the original reports would admit. The order of arrangement is, by subjects in alphabetical order. The leading case under each subject, where such a case presented itself, has been printed first, and the others follow chronologically. Where there has been no case which could be fairly designated as leading, or more material than its fellows, they are printed strictly in the order of time as decided.

The last case under each heading is followed by a citation of those decisions bearing on the same topic, found under other headings in the series, as well as to numerous other cases bearing on the subject, but which could not be specif ically classed as mining cases. The citations found in the opinions printed have been verified with such closeness that we believe fewer errors will be found in this series than in the original volumes.

R. S. MORRISON,

GEORGETOWN, COLORADO, Nov. 21, 1882.

CASES REPORTED IN VOLUME I.

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