Oliver Wendell Holmes, Jr., Mammoth Mining Company v. Grand Central Mining Company…
“ The plaintiff in error makes an elaborate argument upon the evidence that the supreme court was wrong in its findings of fact. We repeat that upon the writ of error we shall not go into such matters. It is enough to say that, upon the facts as found, neither the record nor the opinion presents a Federal question, and that therefore the writs of error must be dismissed. ”
Oliver Wendell Holmes, Jr., Mammoth Mining Company v. Grand Central Mining Company…
“ Underground as at the surface, excepting those from the vicinity of the back fissure and the ore channel, the assays show no mineralization not common generally through that limestone region. Underground as at the surface, the Mammoth Company cannot locate the hangings and foot walls of the vein.The court observes that a vein cannot be said to exist merely because rock is crushed, shattered, or even fissured, and that what will constitute one must depend somewhat upon the nature of the country in which it is alleged to be found. It fully recognizes that a true vein may be barren in places. ”
Oliver Wendell Holmes, Jr., Mammoth Mining Company v. Grand Central Mining Company…
“ The counsel for the Mammoth Company contends that the supreme court of Utah based its judgment upon assays and a definition that fails to recognize that a vein may be a vein, although it is in soft rock, like limestone, where the walls of the fissures have been eaten into by the mineralizing solutions, and although the surface water has leached the valuable mineral constituents from the upper portion down into the vein. ”
