Ames v. Empire Star Mines Co‪.‬

[17 Cal2d Page 216] TRAYNOR, J. This controversy is between the owners of mining property, known as the Pennsylvania and Jefferson mines, upon whose land there is the outcropping of a goldbearing quartz vein, and the owners of non-mineral surface land, known as the Ames Tract, beneath the surface of which this vein dips. The latter, as plaintiffs, brought suit for an injunction to prevent defendants, the owners of the Pennsylvania and Jefferson mines, from following and mining this vein some 500 to 1,000 feet beneath the surface of the plaintiffs' land, and for an accounting of minerals previously extracted.Plaintiffs appeal from a judgment of the superior court in favor of defendants.