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Crescent Mining Co. v. Silver King Mining Co.

Utah Supreme Court

54 P.244 (1898)

Facts

The Silver King Mining Company (defendant) built a pipeline across land owned by the Crescent Mining Company (plaintiff) to supply water to its operations. Crescent refused to sell a right-of-way to Silver King. The piece of Crescent’s land through which Silver King ran its pipeline was barren and rocky, with little or no potential for valuable use. Crescent filed for injunctive relief against Silver King’s use of the premises, which the trial court denied. Crescent appealed. The Utah Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Miner, J.)

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Dissent (McCarty, J.)

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