McShane v. Kenkle’s Empirical Analysis

Citation profile

3 federal appellate · 6 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The words ‘vein or lode.’ in the last clause c£ this statute, wore evidently intended to apply to such veins or lodes as were ‘described in llie first section, and to have Hie same meaning, viz. a vein or lode ‘of quartz or other rock in place bearing gold, silver,’ etc. This statute was intended to be liberal and broad enough to apply to any kind of a lode or vein of quartz or oilier rock bearing mineral, in whatever kind, character, or formation ¡he mineral ¡night be found. It should bo so construed as to proioet locators of mining claims, who have discovered rock in place, bearing any of the precious metaJs named therein, sufficient hr justify the localors in expending their lime and money in prospering and developing- the ground located. It must be borne in mind that the veins and lodes are not always of the same character. In some mining districts the veins, lodes, and ore deposits are so well and clearly defined as to avoid any questions being raised. In other localities the mineral is found in seams, narrow crevices, cracks, or fissures in the earth, the precise extent and character of which cannot be fully ascertained until expensive explorations are made, and the continuity of the ore and existence of the rock iu plací', hearing mineral, is established. It never was intended that the locator of a mining claim must determine all these facts before he would be entitled, under the law, to make a valid location. If very vein or lode is liable to have barren spots and na”

   1 later decision quote this exact passage
   e.g. Shoshone Min. Co. v. Rutter