A Manual of American Mining Law

Cover A Manual of American Mining Law
A Manual of American Mining Law
A H Alfred Herbert Ricketts
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6. C. C. P. 338-4.
85. Trespass. In cases of trespass upon a min- ing, timber, or like claim an injunction will be granted to restrain the commission of acts by which the sub- stance of the estate is injured, destroyed or carried away. 1 2. IGNORANCE OF BOUNDARY. The fact that the trespass is due to ignorance of the dividing line be- tween two claims is no excuse or justification 2 as one is bound to know the boundaries of his own property and to refrain from injuring the property of others. 3
...3. TEST OF TRESPASS. A trespass may be due to mistake 4 or be intentional. 5 The test which deter- mines whether one was a wilful or an innocent tres- passer is not his violation of or compliance with the law, but his honest belief at the time he committed the injury. 6 4. INJUNCTIONAL PROCEEDINGS. The courts are more liberal in granting a writ of injunction in mining cases than in those affecting other real estate, 7 be- cause of the necessity of preventing injury which can not be accurately estimated and therefore cannot be 126 REMEDIES.

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