Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.’s Empirical Analysis

Citation profile

39 federal appellate · 13 district · 50 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 178 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““All that portion of the said Lucky Corner vein, lode or ledge and all other veins, lodes or ledges throughout their entire length the tops or apexes of which lie inside of the surface boundary lines of said granted premises; in said lot No. 9,209, extended downward vertically although such veins, lodes or ledges in their downward course may so far depart from a perpendicular as to extend outside the vertical side lines of said premises.””

   5 later decisions quote this exact passage · from the majority
   e.g. Jim Butler Tonopah Mining Co. v. West End Consolidated Mining Co. · Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.

2. ““Our conclusions may be summed up in these propositions: First, the location as made on the surface by the locator determines the extent of rights below the surface. Second, the end lines, as he marks them on the surface, with the single exception hereinafter noticed, place the limits beyond which he may not go in the appropriation of any vein or veins along their course or strike. Third, every vein ‘the top or apex of which lies inside of such surface lines extended downward vertically’ becomes his by virtue of his location, and he may pursue it to any depth beyond his vertical side lines, although in so doing he enters beneath the surface of some other proprietor. Fourth, the only exception to the rule that the end lines of the location as the locator places them establish the limits beyond which he may not go in the appropriation 'of a vein on its course or strike is where it is developed that in fact the location has been placed, not along, but across, the course of the vein. In such ease the law declares that those which the locator called his side lines are his end lines, and those which he called end lines are in fact side lines, and this upon the proposition that it was the intent of Congress to give to the locator only so many feet of the length of the vein, that length' to be bounded by the lines which the locator has established of his location.””

   2 later decisions quote this exact passage
   e.g. Montana Min. Co. v. St. Louis Min. & Mill. Co. of Montana · Northport Smelting & Refining Co. v. Lone Pine-Surprise Consol. Mines Co.

3. ““Every vein whose apex is within the vertical limits of his surface lines passes to him by virtue of his location. He is not limited to only those veins which extend from one end line to another, or from one side line to another, or from one line of any kind to another, but he is entitled to every vein whose top or apex lies within his surface lines. Not only is he entitled to all veins whose apexes are within such limits, but he is entitled to them throughout their entire depth, ‘although such veins, lodes or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.’ In other words, given a vein whose apex is within his surface limits he can pursue that vein as far as he pleases in its downward course outside the vertical side lines.””

   2 later decisions quote this exact passage · from the majority
   e.g. Jim Butler Tonopah Mining Co. v. West End Consolidated Mining Co. · Quilp Gold Mining Co. v. Republic Mines Corp.