Tyler Mining Co. v. Sweeney’s Empirical Analysis
54 F. 284 · 1893
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 13 later decisions — most recently March 1938
9 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Cromwell v. County of Sac · Foye v. Patch · Campbell v. Rankin · Iron Silver Min Co v. Elgin Min Smelting Co · Mining Company v. Tarbet
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““From the diagram in this case it appears that the lode, in its course lengthwise, crosses ilie side lines of the Last Chance location at nearly right angles: and. muter Hie rules laid down in the decisions of the supreme court of the United States, ihe side lines of the location of the Last Chance, as marked on the surface of the ground, are to be treated at its end lines; and the owners thereof would have the exclusive right of possession and enjoyment of such portion of ihe lode 1 brought)nt its entiie depth, the top or apex of which is inside of the surface lines of the location, as lies between vertical planes drawn downward through suoli end lines. It therefore appears that both locations were made in such form and shape as has been recognized by the adjudicated eases upon these questions to entitle them to certain fixed and definite rights to follow the lode in its downward course, and the rights of the Tyler Company and of the Last Chance Company in this respect depend upon the question of their priority. * * * In cases of controversy, where-the right exists under each valid location to follow the lode in its downward course, it necessarily follows that both locations cannot rightfully occupy the same space of ground; and, in all cases where a controversy of this kind arises, the prior locator must prevail, precisely as in cases of like controversy between locations overlapping each other lengthwise on the course of the lode. This is the rule as announced by the court”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.